Page 35 - Case Book 2017 - 2020 April 18

notified of the original hearing but had not been RYA 1990/5
present. When a race officer warns a boat that she may be
protested by the race committee, and as a result she
RYA 2002/9 takes a two-turns penalty, she is not eligible for
When redress is requested, a protest committee is not redress. Oral instructions, unless specifically
entitled to award redress to a boat that is not a party to authorised in the notice of race or sailing instructions,
that hearing based on facts outside the scope of the need not be complied with.
request. A fresh hearing is required. When redress is
being considered for a boat as a result of physical RYA 1990/7
damage, a separate protest hearing is not essential for Rule 61.2 does not permit a protest committee to change
there to be a conclusion that another boat did or did not a request for redress into a protest against a boat. A
break a rule of Part 2, but in practice it is desirable, protest by a boat must always comply with rule 61.1(a).
even if the protestee has taken a penalty and so cannot
be penalized. RYA 1996/2
When a boat sees an incident between two other boats
in the racing area and wishes to protest one or both of
RYA 2003/3 them, she must display a protest flag, when applicable,
If there is a causal link between a series of collisions,
they may be regarded as a single incident for the at the first reasonable opportunity after the incident.
purposes of rule 60.3(a)(1) RYA 1996/8
RYA 2005/5 The phrase ‘an incident in the racing area’ covers the
A boat that has retired may be protested, and a valid period envisaged by the preamble to Part 2 when
protest against her must be heard, but the boat is not to boats are subject to the racing rules.
be penalized unless the penalty for the rule she broke is RYA 1999/1
a non-excludable disqualification. A protest flag must be kept close at hand. A boat that
waits to see whether another boat will take a penalty
Rule 61.1, Protest Requirements: before displaying a protest flag has not acted at the
Informing the Protestee first reasonable opportunity. A protest committee need
not investigate the promptness of the display of a
CASE 19 protest flag when no question of delay arises in the
Interpretation of the term ‘damage’. written protest, and when the protestee, when asked,
CASE 72 makes no objection. When a boat that is already
Discussion of the word ‘flag’. displaying a protest flag wishes to protest again, only
a hail is required.
CASE 85
If a racing rule is not one of the rules listed in rule RYA 2001/13
86.1(c), class rules are not permitted to change it. If a A glove cannot be a protest flag.
class rule attempts to change such a rule, that class rule RYA 2001/15
is not valid and does not apply. When a protest committee learns from an invalid protest
CASE 112 of an incident that may have resulted in injury or
A boat that makes, and does not correct, an error in serious damage and decides to protest a boat named as
sailing the course does not break rule 28 until she a party in the invalid protest, it must lodge a fresh
finishes. If a boat makes such an error, a second boat protest against her, and she is entitled to new
may notify the first that she intends to protest before the notification of the new hearing, even if she was the
first boat finishes, or at the first reasonable opportunity protestee in the invalid protest and had been properly
after the first boat finishes. notified of the original hearing but had not been
present.
CASE 141
Interpretation of the term ‘serious’ in the phrase RYA 2002/7
‘serious damage’. When rule 61.1(a) applies (whether as printed or as
altered by rule E6.3) compliance with the requirement
RYA 1981/7 to hail and, when required, to flag, fulfils the
A third boat that has witnessed an incident between requirement to notify the protestee.
other boats, and wishes to protest, cannot justify her RYA 2005/5
own failure to display a protest flag on the grounds A boat that has retired may be protested, and a valid
that none of the other boats lodged a valid protest protest against her must be heard, but the boat is not to
after displaying a protest flag. be penalized unless the penalty for the rule she broke is
RYA 1981/14 a non-excludable disqualification.
When a protest committee believes that a boat that is 'Damage' in rule 61.1(a)(4) must be serious. For the
not a party to a hearing may have broken a rule, it relaxation of general protest notification requirements
must first make her a party to a hearing by protesting to apply, the injury or damage must be obvious to the
her. She must be notified and given time to prepare her boat that wishes to protest.
defence and she has the same rights as any protestee
to call and question witnesses

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