Page 43 - Case Book 2017 - 2020 April 18

retire, a protest against her is to be heard and decided essential for there to be a conclusion that another boat
on the basis of the appropriate rule. Only when she is did or did not break a rule of Part 2, but in practice it is
found to have broken such a rule and to have caused desirable, even if the protestee has taken a penalty and
injury or serious damage does the question of so cannot be penalized.
compliance with rule 44.1(b) become relevant.
RYA 2002/5 Rule 64.2, Decisions: Decisions on Redress
When a boat retires promptly after an incident, for CASE 31
whatever reason, she has complied with Sportsmanship When the correct visual recall signal for individual
and the Rules in respect of any rules (apart from rule 2) recall is made but the required sound signal is not, and
she may have broken. When there is serious damage when a recalled boat in a position to hear a sound
which may have been her responsibility, she is, by signal does not see the visual signal and does not
retiring, exempted from further penalties in respect of return, she is entitled to redress. However, if she
that incident. realizes she is on the course side of the line she must
RYA 2005/8 return and start correctly.
A boat is to be exonerated only when compelled by CASE 45
another boat’s infringement to fail to comply with what When a boat fails to finish correctly because of a race
the rule concerned obliges her to do or not do. committee error, but none of the boats racing gains or
loses as a result, an appropriate and fair form of
Rule 64.1(b), Decisions: Penalties and redress is to score all the boats in the order they
Exoneration crossed the finishing line.

CASE 99 CASE 71
The fact that a boat required to keep clear is out of A hail is not the ‘sound signal’ required when flag X is
control does not entitle her to exoneration for breaking displayed. Answers to questions arising from requests
a rule of Part 2. When a right-of-way boat becomes for redress after a procedural error by the race
obliged by rule 14 to ‘avoid contact . . . if reasonably committee.
possible’ and the only way to do so is to crash-gybe, she CASE 116
does not break the rule if she does not crash-gybe. A discussion of redress in a situation in which a boat is
When a boat’s penalty under rule 44.1(b) is to retire, damaged early in a series, is entitled to redress under
and she does so (whether because of choice or rule 62.1(b), and is prevented by the damage from
necessity), she cannot then be disqualified. sailing the remaining races. In such a situation it is not
CASE 107 fair to the other boats in the series to award her
During the starting sequence, a boat that is not keeping average points for half or more of the races that
a lookout may thereby fail to do everything reasonably comprise her series score.
possible to avoid contact. Hailing is one way that a boat RYA 1984/2
may ‘act to avoid contact’. When a boat’s breach of a When reasonable doubt exists as to the interpretation of
rule of Part 2 causes serious damage and she then a sailing instruction it must be resolved in favour of the
retires, she has taken the applicable penalty and is not competitor.
to be disqualified for that breach.
RYA 1988/4
CASE 140 When boats are entitled to redress, and the nature of the
How the rules apply when a boat is compelled to cross appropriate redress is clear, a protest committee cannot
the starting line by another boat that was breaking a instead abandon the race, citing an error made by the
rule of Part 2. race officer earlier in the race about which no boat has
requested redress and the race committee has taken no
RYA 1986/7 action.
Rule 44 allows a boat to take a two-turns penalty and
protest without risk of further penalty, provided that she RYA 1989/10
did not break rule 2, and that, if she did in fact break a In cases involving errors by the race committee, it is a
rule of Part 2, she did not thereby gain a significant good principle that any doubts be resolved in favour of
advantage, or cause injury or serious damage. the competitor.
RYA 2002/5 RYA 1994/3
When a boat retires promptly after an incident, for A protest committee is entitled to award the redress it
whatever reason, she has complied with Sportsmanship thinks most suitable for compliance with rule 64.2
and the Rules in respect of any rules (apart from rule 2)
she may have broken. When there is serious damage RYA 1999/6
While it is to be avoided when more equitable
which may have been her responsibility, she is, by arrangements are available, abandonment may, very
retiring, exempted from further penalties in respect of occasionally, be the least unfair option.
that incident.
RYA 2001/12
RYA 2002/9 When a boat seeks redress for having been disqualified
When redress is being considered for a boat as a result without a hearing, the only permitted outcome is the
of physical damage, a separate protest hearing is not
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