Page 57 - Case Book 2017 - 2020 April 18
P. 57

A boat that hails for room to tack at an obstruction must   When  they  do  not  say  so,  that  line  cannot  be  used  to
               herself tack as soon possible. Hailing when safety does   shorten  course  unless  the  sailing  instructions  change
               not  require  a  substantial  course  change  breaks  rule   rule 32.2.
               20.1.  Not  then  tacking  as  soon  as  possible  after  the
               hailed boat tacks breaks rule 20.2(d).             A boat that was not a party to a hearing does not have a
                                                                  right to appeal the decision of that hearing.
                                                                  SUMMARY OF THE FACTS
                                                                  After  rounding  the  last  mark  of  the  first  round,  some
                                                                  boats  sailed  to  the  first  mark  of  the  second  round
                                                                  without passing through the line that was used for both
                                                                  starting  and  finishing,  and  were  protested  by  the  race
                                                                  committee  for  failing to sail the  course correctly. The
                                                                  race committee argued that:
                                                                  a. The race consisted of two rounds. The word ‘round’
                                                                  means  something  that  begins  and  ends  at  the  same
                                                 L4
                W4               Wind                             place.
                                                                  b. The line had been included in each round of this race
                     W3                                           for many years as was the local custom.
                                                 L3               c. Any other interpretation made the rules for shortening
                                                                  course unintelligible and unworkable.
                            W2
                                          L2                      The  protest  committee  dismissed  the  protest,  deciding
                           W1                                     that  sailing  instructions  did  not  require  boats  to  cross
                                                                  the line between the first and second rounds and that no
                                    L1                            mark  of  that  line  was  a  mark  of  the  course  on  the
                                                                  relevant  leg.  Two  boats  that  had  sailed  the  course  as
                                                                  desired by the race committee lodged an appeal.
               SUMMARY OF THE FACTS
               W and L were sailing parallel courses, close-hauled on   DECISION
               port  tack,  under  a  hull-length  apart,  approaching  the   The appeal  is refused  because the appellants were not
               shore.  L  hailed  for  room  to  tack  and  W  tacked   parties to the original hearing.
               immediately. L maintained her original course for about   Nevertheless  it  should  be  made  clear  that  the  protest
               a  further  three  hull-lengths  before  tacking,  some  8
               seconds  after  W  tacked.  W  protested  L  under  rule   committee's  interpretation  of  the  rules  was  correct.  If
                                                                  the race committee  intended  boats to cross the  line  at
               20.2(d) in that she failed, W having tacked, to tack as
               soon as possible.                                  the end of the first round, the sailing instructions should
                                                                  have included the committee boat and ODM as marks
               The  protest  committee  dismissed  the  protest,   of the course at the end of the first round.
               considering that in view of the conditions prevailing and   As concerns shortening the course, a line that  boats are
               the  experience  of  the  helmsman,  the  time  taken  by  L
               complied with rule 20.2(d) W appealed, stating that L   not required to cross at the end of each lap cannot be used
                                                                  for shortening, as it is not one that is listed in rule 32.2.
               was the more experienced helmsman of the two and that
               there  had  been  no  reason  why  she  should  not  have   That is easily remedied with a suitable sailing instruction
                                                                  that validly changes rule 32.2, but it was not done in this
               tacked earlier.
                                                                  case.  If  it  had  been  done,  it  would  still  not  mean  that
               DECISION                                           boats had to cross that line at the end of a round.
               W’s appeal is upheld. L is disqualified.
                                                                  Race Committee v Red Cloud and others, Civil Service SA
               In  hailing  when  safety  did  not  require  her  to  do,  as
               evidenced by her being able to delay her tack, L broke   RYA 1974/5
               rule  20.1(a).  Rule  20.2(d)  requires  the  hailing  boat to   Definitions, Obstruction
               tack immediately she has room to do so. L sailed on for   Rule 20.1, Room to Tack at an Obstruction: Hailing
               about  three  boat  lengths  after  W  had  tacked,  which   Rule 20.2, Room to Tack at an Obstruction: Responding
               broke rule 20.2(d)                                 When  a  close-hauled  port-tack  boat  needs  to  make  a
               Barfly v Nausicaa, Wewak YC, New Guinea            substantial change of course to avoid an obstruction in
                                                                  the  form  of  a  close-hauled  starboard-tack  boat,  she  is
               RYA 1974/1                                         entitled  to  hail  a  boat  on  the  same  tack  as  her,  to
               Rule 28.1, Sailing the Course                      windward or clear astern, for room to tack, even though
               Rule 32.2, Shortening or Abandoning After the Start   she has an alternative means of escape by bearing away.
               Rule 70.1(a), Appeals and Requests to a National
               Authority
               When a race committee intends boats to cross the line
               used  for  starting  or  finishing  in  order  to  complete  a
               round of the course, the sailing instructions must say so.
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