Page 33 - Case Book 2017 - 2020 April 18

and she does so (whether because of choice or Rule 45, Hauling Out; Making Fast;
necessity), she cannot then be disqualified. Anchoring
CASE 107 CASE 5
During the starting sequence, a boat that is not keeping A boat that is anchored while racing is still racing. A
a lookout may thereby fail to do everything reasonably boat does not break rule 42.1 or rule 45 if, while pulling
possible to avoid contact. Hailing is one way that a boat in her anchor line to recover the anchor, she returns to
may ‘act to avoid contact’. When a boat’s breach of a her position at the time the anchor was lowered.
rule of Part 2 causes serious damage and she then However, if pulling in the anchor line clearly propels
retires, she has taken the applicable penalty and is not her to a different position, she breaks those rules.
to be disqualified for that breach.
RYA 1962/4
CASE 108 When a boat that is afloat is being held by a crew
When taking a penalty after touching a mark, a boat member at or after the preparatory signal, the question
need not complete a full 360° turn, and she may take of whether rule 45 has been broken depends on the
her penalty while simultaneously rounding the mark. reason for so doing and on whether that crew member
Her turn to round the mark will serve as her penalty if it is standing in or out of the water.
includes a tack and a gybe, if it is carried out promptly
after she is no longer touching the mark and is well RYA 2007/2
clear of other boats, and when no question of advantage When a boat goes aground or is about to go aground,
arises. jumping over the side and pushing off is normally an act
of seamanship permitted by rule 42.1, and is permitted
RYA 1981/7 by rule 45.
When a boat protests, believing that another boat has
not taken a penalty as described in rule 44.2, she must Rule 46, Person in Charge
establish first that the other boat broke a rule of Part 2 CASE 40
(or rule 31). Unless otherwise specifically stated in the class rules,
RYA 1986/7 notice of race or sailing instructions, the owner or other
Rule 44 allows a boat to take a two-turns penalty and person in charge of a boat is free to decide who steers
protest without risk of further penalty, provided that she her in a race, provided that rule 46 is not broken.
did not break rule 2, and that, if she did in fact break a RYA 1990/2 (incorporating RYA 1963/5)
rule of Part 2, she did not thereby gain a significant The racing rules do not differentiate between helmsman
advantage, or cause injury or serious damage. and crew. Restrictions on the helming of a boat may be
RYA 2001/3 imposed by class rules or by the notice of race. In the
Damage includes something that a prudent owner absence of any other provision, an owner or person in
would repair promptly. Damage includes damage a charge is free to invite anyone to steer the boat. The
boat causes to herself. Damage may be serious, even if notice of race and the sailing instructions must state
both boats are able to continue to race. clearly when points are to be awarded to helmsmen
rather than to boats and state any restrictions or
When a boat may have caused injury or serious damage qualifications that apply.
in breaking a rule of Part 2 or rule 31 but does not
retire, a protest against her is to be heard and decided RYA 1997/1
on the basis of the appropriate rule. Only when she is When a boat takes part in one race in a series under a
found to have broken such a rule and to have caused different name, and with a different person in charge,
injury or serious damage does the question of she remains the same boat, and her race points will
compliance with rule 44.1(b) become relevant. count towards her series points, unless class rules,
notice of race or sailing instructions say otherwise.
RYA 2002/5
When a boat retires promptly after an incident, for Rule 47.2, Limitations on Equipment and
whatever reason, she has complied with Sportsmanship Crew
and the Rules in respect of any rules (apart from rule 2)
she may have broken. When there is serious damage RYA 2007/2
which may have been her responsibility, she is, by When a crew member leaves a boat, the boat will not
retiring, exempted from further penalties in respect of break rule 47.2 when the 'leaving' is temporary and the
that incident. crew member stays within the vicinity of the boat.
RYA 2015/1 Rule 48, Fog Signals and Lights; Traffic
For a boat to exonerate herself she must comply with
the two requirements of the rule: to get well clear of Separation Schemes
other boats as soon as possible; and, to promptly make CASE 109
the required number of turns. The IRPCAS or government right-of-way rules apply
between boats that are racing only if the sailing
instructions say so, and in that case all of the Part 2 rules
are replaced. An IRPCAS or government rule may be

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