Page 136 - Case Book 2017 - 2020 April 18

When Red comes close to the stern of Blue, Blue RYA 2016/3
must keep clear under rule 10 even if this means Rule 62.1(a) Redress
moving away from the shore to give Red room inside
her and Yellow must allow her space to do so. Setting a course within a race area that includes known
shallow area(s) is not normally an improper action of
Questions from Thames SC
the race committee.

RYA 2015/1
Rule 44.2, One-Turn and Two-Turn Penalties SUMMARY OF THE FACTS
In race 3 of the Fast 40+ class in the Vice Admiral’s
For a boat to exonerate herself she must comply with Cup, the race committee set a course which included a
the two requirements of the rule: to get well clear of leg which would take the fleet over the East Knoll
other boats as soon as possible; and, to promptly make Bank. Whilst on this leg, Otra Vez, Jubilee and Invictus
the required number of turns. all ran aground before continuing in the race and
finishing.
SUMMARY OF THE FACTS Otra Vez requested redress, asserting that the course
Daring was rounding a port-hand windward mark on passed over a shallow that the deeper draft boats could
starboard tack when she touched the mark. She wished not clear but which the boats with lesser draft could
to take a penalty and sailed past the mark and to pass over. The request was upheld, and the race
windward of the course to the next mark. She bore away committee then requested redress for Jubilee and
and gybed and then found her intended course was Invictus which was also granted. These boats were
blocked by a number of boats, including Hot Rats, given average points for all races for the first two days
which had rounded the mark behind her and were of racing excluding race 3.
sailing to the next mark. Daring sailed back towards the The race committee appealed the decision because they
mark on port, allowing the other boats to pass her and believed that the boats concerned would have had
then tacked to finish taking her turn. sufficient electronic navigation aids, including depth
sounders, and were able to avoid a known navigational
Hot Rats protested Daring for hitting the mark and not hazard.
exonerating herself. The protest committee found that
Daring had not taken a One-Turn Penalty in compliance DECISION
with rule 44.2 and disqualified her for breaking rule 31. The appeal is upheld. Otra Vez, Jubilee and Invictus are
Daring appealed on the grounds that the course that she not entitled to redress and are to be scored in their
actually sailed was equivalent to the disadvantage that original finishing places in race 3.
she would have suffered in taking a One-Turn Penalty. Rule 62 has three non-exclusive requirements for
redress to be granted: the possibility that a boat’s score
DECISION has been or may be made significantly worse; and,
The appeal is dismissed. through no fault of her own; and, in this case, by an
The requirements in rule 44.2 are absolute and cannot improper action or omission of the race committee.
be satisfied by actions that may be equivalent, in time or There is no evidence to suggest that the boats could not
distance. have sailed the course without going aground, as did
The first requirement is to get well clear of other boats other boats, and therefore they cannot claim their
as soon after the incident as possible. If a boat groundings to have been through no fault of their own.
commences her penalty turn from a position where the
predictable course of other boats means that she would Setting a race course that runs across or alongside a
have to interrupt the turn, then she has failed to sail well known shallow area to which some boats will be able to
clear as required by the rule. sail closer than others because of their shallower draft is
The second requirement is to promptly make the not normally an improper action of the race committee.
required number of turns in the same direction, each
turn including one tack and one gybe. Requet for redress by Otra Vez and by the Race Committee for
Jubilee and Invictus. Royal Ocean Racing Club
Daring did not sail sufficiently far from the fleet in
order to take her turn as evidenced by the fact that other RYA 2017/1
boats, who were sailing an entirely predictable course, Rule 19.1, Room to Pass an Obstruction: When Rule 19
interrupted the taking of her turn. Therefore, Daring Applies
was not well clear of other boats, did not take a One- Rule 19.2(c), Room to Pass an Obstruction: Giving
Turn Penalty and was correctly disqualified for Room at an Obstruction
breaking rule 31.
At a mark laid adjacent to a continuing obstruction, the
Hot Rats v Daring, Royal Dart YC obligation of outside boats to give room to pass the
continuing obstruction continues to apply. There is no
requirement for boats to give mark-room to inside boats

at the mark, who may only pass the mark on the
required side while giving room for the continuing
obstruction and, if windward boats, keeping clear.

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