Page 2 - Case Book 2017 - 2020 April 18
P. 2

INTRODUCTION



               This  is  the  seventh  edition  of  the  RYA  Case  Book   difficult or doubtful; from clubs and classes (under rule
               revised  for  the  latest  version  of  the  Racing  Rules  of   70.4)  in  the  form  of  questions;  and,  of  course,  from
               Sailing.  It  was  first  published  in  a  single  volume  in   competitors or race committees in the form of appeals
               1993  under  the  late  Mary  Pera’s  editorship  and  the   (under rule 70.1). The RYA Racing Rules Committee
               following three editions were edited by Trevor Lewis   deals  with  about  thirty  such  referrals  each  year  and
               up to the 2005 - 2008 version.                      would encourage more where they will add clarity to
                                                                   the interpretation of the rules
               This useful reference work was brought into the digital
               age in 2013 (thanks to Michael Short) by hyperlinking   To  support  the  operation  of  the  Racing  Charter  the
               the  various  parts  so that  users  can  move  from  item to   RYA  provides  various  ways  by  which  rule
               item with a single ‘click’*. This is available for viewing   understanding, observance and dispute resolution may
               on,  or  downloading  from,  the  RYA  website  at   be tackled:
               www.rya.org.uk/go/casebook.  This  version  is  updated     The  Racing  Rules  Committee’s  Rules  Advisory
               each time a new case is published. Furthermore, the new   Service deals with a wide range of questions. The
               cases  can  be  downloaded  and  printed  to  supplement   answers, from a panel of members of the Racing
               hard copies of this book.                              Rules  Committee,  are  provided  only  to  the
                                                                      questioner,  and  with  the  caveat  that  the  answer
               The Racing Rules of Sailing 2017 – 2020 have made      cannot be taken as authoritative. However, when
               further  refinements  to  the  rules,  mainly  for     questions  raise  important  issues  the  RYA  may
               clarification.  The  RYA  Cases  have  been  edited  to   seek  to  have  them  submitted  under  rule  70.4  so
               reflect these changes.                                 that the answers can be more widely published.
               The  World  Sailing  (WS)  Cases  have  also  been     The RYA publishes guidance notes on numerous
               reviewed  and  some  new  ones  added.  The  WS  Case   aspects  of  the  rules  on  the  RYA  website  (go  to
               Book  is  published  on  the  WS  website  at          www.rya.org.uk/go/RRSguidance) including, inter
               www.sailing.org.  The  WS  Cases’  abstracts  are      alia:  the  new  rules;  scoring  under  Appendix  A;
               included in Section 2 of this book together with those   discretionary  penalties;  outside  help;  rules
               of the RYA Cases and both are included in the ‘Cases   disputes;  and  redress.  The  guidance  notes  are
               by  Rules’  index  in  Section  1.  Some  WS  Cases  lack   added  to  and  updated  regularly  throughout  the
               proper  abstracts,  because  the  cases  are  such  that  the   four-year rules cycle.
               whole  case  is  needed  for a proper understanding  and     The  RYA  has  promoted  alternative  forms  of
               should be referred to for that reason.                 dispute resolution so that reluctant competitors are
               WS  Regulation  31.3  states  that  “the  [WS]  cases  are   no  longer  obliged  to  appear  in  the  protest  room.
               authoritative  interpretations  and  explanations  of  the   These include arbitration hearings, the exoneration
               rules  for  all  racing”.  RYA  Case  2002/13  states  that   penalty  and  advisory  hearings  and  further
               “The RYA cases are illustrative and persuasive but not   guidance  on  these  are  available  from  the  RYA
               binding on any protest committee or jury. However, if   website  and,  also,  through  RYA  Regional  Rules
               a decision was contrary to an RYA case on the same or   Advisors  whose  role  is  to  promote  rules
               very similar facts, and if the decision were appealed, it   knowledge  and  operation  of  the  alternative
               is likely that the appeal would be upheld. Many cases,   processes in all RYA affiliated clubs.
               however, turn on a narrow, particular set of facts, and a   In  all  of  the  foregoing  the  Case  Book  will  serve  a
               different decision  may  be correct where the  facts are   useful   purpose   in   ensuring   consistency   of
               only slightly different”.
                                                                   interpretations and decisions.
               There  are  some  conventions  that  are  followed  in  the   The  RYA  is  most  grateful  to  the  members  of  the
               reported  cases:  boats  are  treated  as  female  and   Racing  Rules  Committee  for their  work on the  cases
               competitors as male when no suitable unisex word is   decided,  and,  particularly,  to  Carol  Haines,  Michael
               available;  all  protests  are  valid  and  all  collisions  are   Short and Peter Johnson for their very hard work and
               assumed  not  to  have  resulted  in  damage,  unless  the   time  commitment  to  the  review  and  editing  of  cases
               case says otherwise. Therefore, where there is contact   throughout the production of this book.
               it may be that the right-of-way boat will have broken
               rule 14, Avoiding Contact, but, because the rule says                           Chris Simon, Editor
               that she is to be exonerated in the absence of damage,
               the case may not address that point.

               It is important for the successful operation of the RYA   *To go to a linked reference place the cursor on the
               Racing  Charter,  and  for  other  reasons,  that  there  is   reference (shown in blue and underlined) and left click.
               uniform interpretation of the racing rules. To assist in   The document will move to the linked text. To return
               that  process  references  to  the  RYA  are  encouraged:   to the reference hold down the ‘Alt’ and the ‘’ key
               from  protest  committees  (under  rule  70.2)  of  any   on your keyboard.
               decisions that may be useful to others or which were





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