Page 39 - Case Book 2017 - 2020 April 18

Rule 62.1(c), Redress Section B – Hearings and Decisions

CASE 20
When it is possible that a boat is in danger, another Rule 63.1, Hearings: Requirement for a
boat that gives help is entitled to redress, even if her Hearing
help was not asked for or if it is later found that there CASE 1
was no danger.
A boat that breaks a rule while racing but continues to
race may protest over a later incident, even though after
Rule 62.1(d), Redress the race she is disqualified for her breach.

CASE 34 RYA 1981/14
Hindering another boat may be a breach of rule 2 and the When a protest committee disqualifies a boat that is not
basis for granting redress and for action under rule 69.2. a party to a hearing that boat has a right of appeal
RYA 1982/10 having been denied a hearing.
A boat that has been forced the wrong side of a mark is When a protest committee believes that a boat that is
not exempted by any rule from sailing the course, nor is not a party to a hearing may have broken a rule, it
redress normally available to her. must first make her a party to a hearing by protesting
her. She must be notified and given time to prepare her
Rule 62.2, Redress defence and she has the same rights as any protestee
to call and question witnesses.
CASE 102 RYA 1989/7
When a boat requests redress because of an incident When a race committee believes that a boat has broken a
she claims affected her score in a race, and thus in a sailing instruction, it cannot disqualify her without a
series, the time limit for making the request is the time hearing or deem her to have retired. The race or protest
limit for the race, rather than a time limit based on the committee must first lodge a protest against her, within the
posting of the series results.
time limit for doing so, and a hearing must then be called.
RYA 1989/9
A request that seeks the correction of an alleged error RYA 1989/8
A race committee is not allowed to disqualify a boat
of the race committee ranks as a request for redress without a hearing, except under the U Flag and Black
even if it does not use those words. If it is lodged Flag rules. A race committee is not allowed to score a
promptly after the facts are known, this is sufficient boat DNF for failing to sail the course if she complies
good reason for a protest committee to extend the with the definitions Start and Finish. A protest is
normal time limit.
needed.
RYA 2002/1 RYA 1996/8
When a boat complains in writing that her score has A protest committee must hear a valid protest, even if
been adversely affected by an improper action of the there is no prospect of a boat being penalized.
protest committee, the protest committee shall treat this
as a request for redress, even when it was lodged as an RYA 1999/3
invalid request to reopen a hearing, For the request to By participating in a race, a competitor agrees to be
succeed, a complainant must establish an improper governed by the rules, as defined, despite any assertion
action or omission of the protest committee that made to the contrary.
or might make significantly worse that boat’s score or A race committee cannot disqualify a boat, except as
place in a race or series through no fault of her own. permitted by Appendix A5 for breaches of rules 30.3,
These are matters to be established during the hearing, 30.4 and 78.2.
and every detail supporting her claim need not be set To reject or cancel the entry of a boat in a series under
out in the written complaint or request, although the rule 76, the organizing authority or race committee
reason for the request must be stated. However, the must do so before the first race of the series.
scope of the hearing is to be limited to the essence of the
complaint. RYA 2001/15
When a protest committee learns from an invalid protest
RYA 2010/1 of an incident that may have resulted in injury or
The time within which a boat must lodge a claim for serious damage and decides to protest a boat named as
redress regarding her score in the results begins when a party in the invalid protest, it must lodge a fresh
the boat’s owner or person in charge learns of the protest against her, and she is entitled to new
score, even if the results are marked ‘provisional’. notification of the new hearing, even if she was the
protestee in the invalid protest and had been properly
notified of the original hearing but had not been
present.

RYA 2006/8
Unless otherwise specified in the sailing instructions, a
race committee has no power to disqualify a boat
without a hearing, or score her DNF if she finishes, if it

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