Page 133 - Case Book 2017 - 2020 April 18
P. 133

ANSWER 2                                           ANSWER 8
               No. If rule 77 is deleted, Appendix G does not apply.   Class rules may not change rule 77 or Appendix G; see
                                                                  rule  86.1(c).  Rule  80  and  WS  Regulation  20,
               QUESTION 3                                         Advertising Code, always apply and cannot be changed.
               Also, if yes, do the RYA prescriptions to Appendix G   A  protest  alleging  a  breach  of  the  Advertising  Code
               (or any part of them) now still apply?
                                                                  may  be submitted by complying with rules 60 and 61
               ANSWER 3                                           and the protest committee shall act in accordance with
               No. If rule 77 and Appendix G do not apply, the RYA   the RRS Part 5 and Regulation 20.9.
               Prescriptions  to  these  rules  do  not  apply.  However,   Questions from British Universities Sailing Association
               when Appendix G does apply, the RYA Prescription to
               rule  88.2  prohibits  the  sailing  instructions  from   RYA 2014/1
               amending the RYA Prescription to Appendix G.       Rule 70.5 (as prescribed by the RYA), Appeals and
               QUESTION 4                                         Requests to a National Authority
               If  the  RYA  prescriptions  to  Appendix  G  cannot  be   A sailing instruction denying the right of appeal under
               disapplied,  do  rule  G.1(c)  and  RYA  prescription  3  to   Rule 70.5(a) ceases to apply if the condition in that rule
               rule G1 require a new sail number series to be issued by   ceases to be satisfied.
               a body in rule G2?
                                                                  SUMMARY OF THE FACTS
               ANSWER 4                                           The  Ramuz  Trophy  is  an  inter-club  event  for  clubs
               See Answer 3.                                      affiliated  to  the  Norfolk  and  Suffolk  Boating
               QUESTION 5                                         Association  (NSBA).  Each  club  is  invited  to  send  a
               In  a  non-WS  class,  if  a  boat  enters  a  race  with  a   team of two members to represent them in a fleet racing
               different sail number than that originally allotted to her,   competition.
               what  rules  might  she  break  and  who  can  protest,  and   The  2013  event,  organised  by  Horning  SC  in
               when?                                              conjunction with NSBA, was sailed in seven, 2-person
               ANSWER 5                                           keelboats  supplied  by  the  organisers.  There  were  14
               The boat might break a class rule (including a rule of a   entries. The intended format was for a qualifying series
               rating or handicapping system) whether or not rule 77   of 4 races, with each team sailing in two of the races.
               applies. A protest alleging a breach of rule 77 or a class   The  six  teams  with  the  lowest  scores  from  their
               rule may be submitted by complying with rules 60 and   qualifying races would sail a single race with the winner
               61. However, when permitted by the  notice of race, a   taking the Ramuz Trophy. The Notice of Race and the
               boat  not  belonging  to  any  class  may  be  entered  and   Sailing  Instructions  for  the  event  denied  the  right  of
               handicapped appropriately. Also, if a boat is loaned or   appeal in respect of the qualifying races in accordance
               chartered, rule G3 may apply.                      with the RYA prescription to rule 70.5.
               QUESTION 6                                         The Norfolk Broads YC (NBYC) team retired in race 4
               Can an organizing authority or race committee deny a   owing to a gear failure and requested redress. The final
               boat entry under rule 76.1 when they know that a boat   race was abandoned before its scheduled warning signal
               intends  to  race  with  a  sail  number  other  than  its   because of rising wind and the trophy was awarded to
               registered  number,  or  use  a  sail  (e.g.  a  spinnaker)   the lowest scoring team in the qualifying races.
               without any numbers?                               The protest committee heard the request for redress and
               ANSWER 6                                           redress was not given.
               Yes. An entry may be rejected or cancelled provided the   The  NBYC  team  appealed  and  the  race  committee
               reason is given in accordance with rule 76.1.      questioned the validity of the appeal against a decision
               QUESTION 7                                         relating to a qualifying race.
               In a non-WS class, may a boat enter a fleet race when   DECISION ON VALIDITY
               she  has  no  registered  sail  number,  e.g.  a  team  racing   The appeal is valid.
               firefly, if approved by the organizing authority?
                                                                  Rule  70.5(a)  makes  the  denial  of  the  right  of  appeal
               ANSWER 7                                           conditional  upon  the  need  to  determine  promptly  the
               Neither  the  notice  of  race  nor  the  sailing  instructions   result of a race that will qualify a boat to compete in a
               can  change  class  rules  unless  rule  87  permits  the   later  stage  of  an  event.  When  the  final  race  was
               change. See also Answer 5.                         abandoned  before  its  scheduled  warning  signal  the
               QUESTION 8                                         condition  was  no  longer  satisfied  and,  therefore,  the
               In  a  non-WS  class  with  open  class  rules,  is  there   denial  of  the  right  of  appeal  ceased  to  apply  to  the
               flexibility  in  rule  G2  to  allow  emphasis  of  the   qualifying races.
               presentation of certain sail numbers in order to advertise   Request for redress by NBYC team, Horning SC
               a  commercial  concern  or  sponsor?  May  she  also  be
               protested under the WS Advertising Code, in particular   RYA 2014/2
               WS Regulation 20.2.6?                              (incorporating 2004/7)
                                                                  Rule 29.1, Recalls; Individual Recall
                                                                  Rule 62.1, Redress
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