Page 46 - Case Book 2017 - 2020 April 18

and the arbitrator. Only full protest hearing decisions person in charge of a boat is free to decide who steers
or procedures may be appealed. her in a race, provided that rule 46 is not broken.
CASE 143
Rule 70.2, Appeals and Requests to a When the organizing authority for a race is not an
National Authority organization specified in rule 89.1, a party to a
hearing does not have access to the appeal process.
RYA 2005/2
Even if the right to appeal has been denied under rule
70.5(a), this does not preclude the protest committee Rule 76.1, Exclusion of Boats or
from requesting confirmation of its decision under rule Competitors
70.2, since that is not an appeal.
RYA 1999/3
RYA 2005/6 By participating in a race, a competitor agrees to be
A protest committee may not refer only part of its governed by the rules, as defined, despite any assertion
decision for correction or confirmation: the RYA will to the contrary.
review all decisions related to an incident. A race committee cannot disqualify a boat, except as
permitted by Appendix A5 for breaches of rules 30.3,
Rule 70.5, Appeals and Requests to a 30.4 and 78.2.
National Authority To reject or cancel the entry of a boat in a series under
rule 76, the organizing authority or race committee
RYA 2005/2 must do so before the first race of the series.
Even if the right to appeal has been denied under rule
70.5(a), this does not preclude the protest committee RYA 2013/2
from requesting confirmation of its decision under rule An organising authority may reject or cancel an entry
70.2, since that is not an appeal. when they know that a boat intends to race with a sail
number other than its registered number or use a sail
RYA 2014/1
A sailing instruction denying the right of appeal under without any number.
Rule 70.5(a) ceases to apply if the condition in that rule
ceases to be satisfied. Rule 77, Identification on Sails
RYA 2013/2
Rule 71.2, National Authority Decisions Rule 77 may be deleted by sailing instructions. When
rule 77 is deleted, neither Appendix G nor the RYA
RYA 2002/6 prescriptions thereto apply. A boat might break a class
When the conditions relating to the awarding of a
trophy are ambiguous, the RYA is normally no better rule whether or not rule 77 applies. An organising
authority may reject or cancel an entry when they know
placed than the protest committee to interpret them.
that a boat intends to race with a sail number other
RYA 2004/1 than its registered number or use a sail without any
Only the protestor and protestee are parties to a protest number. A boat may be protested for a breach of class
hearing. No other boat, even if present at a protest rules, rule 77 or the WS Advertising Code.
hearing, can be penalized at that hearing, and the
national authority has no power to confirm or re- Rule 78, Compliance with Class Rules;
impose the penalty: indeed, it will reverse any such Certificates
penalization on appeal, even if it is not that boat which
appealed. CASE 57
When a current, properly authenticated certificate has
Rule 71.4, National Authority Decisions been presented in good faith by an owner who has
complied with the requirements of rule 78.1, the final
CASE 61 results of a race or series must stand, even though the
When the decision of a protest committee is changed or certificate is later withdrawn.
reversed upon appeal, the final standings and the
awards must be adjusted accordingly. CASE 131
RYA 2002/13 At the end of an event, if a boat has broken rule 78.2 by
Published RYA appeal cases are persuasive but not not producing a required certificate or arranging for its
binding. existence to be verified, the race committee is required,
without a hearing, to score her ‘DSQ’ for all races of
the event.
PART 6 –
ENTRY AND QUALIFICATION RYA 1997/1
When a boat takes part in one race in a series under a
different name, and with a different person in charge,
Rule 75.1, Entering a Race she remains the same boat, and her race points will
count towards her series points, unless class rules,
CASE 40
Unless otherwise specifically stated in the class rules, notice of race or sailing instructions say otherwise.
notice of race or sailing instructions, the owner or other
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