Page 34 - Case Book 2017 - 2020 April 18

made to apply by including it in the sailing instructions CASE 141
or in another document governing the event. Interpretation of the term ‘serious’ in the phrase
‘serious damage’.
Rule 49, Crew Position; Lifelines
RYA 1969/11
CASE 4 When a declaration after finishing is required by a
A competitor may hold a sheet outboard. sailing instruction and when a boat states in hers that

CASE 36 she has broken a rule, the race committee or protest
Positioning of crew members relative to lifelines. committee is entitled to protest her.
CASE 83 RYA 1981/14
Repeated sail trimming with a competitor’s torso When a protest committee believes that a boat that is
outside the lifelines is not permitted. not a party to a hearing may have broken a rule, it
must first make her a party to a hearing by protesting
Rule 50.3, Setting and Sheeting Sails: Use her. She must be notified and given time to prepare her
of Outriggers defence and she has the same rights as any protestee
to call and question witnesses.
CASE 4
A competitor may hold a sheet outboard. RYA 1982/3
A boat is eligible for redress only when she can show
CASE 97 that, through no fault of her own, her score or place
A jockey pole attached to a spinnaker guy is not an has been or may be made significantly worse. She
outrigger. cannot protest the race committee.

PART 5 – PROTESTS, REDRESS, RYA 1986/7
HEARINGS, MISCONDUCT AND Rule 44 allows a boat to take a two-turns penalty and
protest without risk of further penalty, provided that
APPEALS she did not break rule 2, and that, if she did in fact
Section A – Protests; Redress; Rule 69 break a rule of Part 2, she did not thereby gain a
significant advantage, or cause injury or serious
Action damage.

Rule 60, Right to Protest, Right to Request RYA 1990/7
Redress or Rule 69 Action Rule 61.2 does not permit a protest committee to change
a request for redress into a protest against a boat. A
CASE 1 protest by a boat must always comply with rule 61.1(a).
A boat that breaks a rule while racing but continues to
race may protest over a later incident, even though after RYA 1993/5
the race she is disqualified for her breach. While rule 36 may remove the possibility of a boat
being penalized because the race was recalled, a boat is
CASE 19 entitled to have her protest heard. If it is found as a fact
Interpretation of the term ‘damage’.
in the protest that the other boat broke a rule of Part 2,
CASE 39 the protest committee may go on to consider whether
A race committee is not required to protest a boat. The redress under rule 62.1(b) is applicable.
primary responsibility for enforcing the rules lies with RYA 1999/2
the competitors.
After an incident, a boat may both protest another boat
CASE 44 and request redress: the use of ‘or’ in rule 60.1 does not
A boat is not permitted to protest a race committee for preclude both options being used together. A race
breaking a rule. However, she may request redress, and committee cannot be compelled to exercise its right to
is entitled to it when she establishes that, through no protest.
fault of her own, an improper action or omission of the RYA 2001/12
race committee made her score significantly worse.
A class association has no power to protest a boat, let
CASE 57 alone disqualify her without a hearing. A protest
When a current, properly authenticated certificate has committee cannot protest based on information learned
been presented in good faith by an owner who has in a request for redress.
complied with the requirements of rule 78.1, the final
results of a race or series must stand, even though the RYA 2001/15
When a protest committee learns from an invalid protest
certificate is later withdrawn.
of an incident that may have resulted in injury or
CASE 80 serious damage and decides to protest a boat named as
A hearing of a protest or a request for redress must be a party in the invalid protest, it must lodge a fresh
limited to the alleged incident, action or omission. protest against her, and she is entitled to new
Although a boat may be scored DNF if she does not notification of the new hearing, even if she was the
finish according to that term’s definition, she may not protestee in the invalid protest and had been properly
be scored DNF for failing to sail the course correctly.

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