Page 62 - Case Book 2017 - 2020 April 18

RYA 1981/3 SUMMARY OF THE FACTS
Rule 10, On Opposite Tacks An incident between Aquila and Windhover took place
Rule 18.1(b), Mark-room: When Rule 18 Applies about 600 yards from the finishing line. There was no
Rule 18.2(b), Mark-room: Giving Mark-Room contact. Aquila immediately hailed Windhover that she
Rule 18.2(d), Mark-room: Giving Mark-Room would protest but, because of the squally conditions and
her inadequate crew, did not display her protest flag
When at a windward mark a boat that was clear ahead until after she finished. Her hull length was more than 6
on the same tack at zone entry tacks to pass it, her metres.
entitlement to mark-room ends. Rule 10 applies, as if
the mark were not there. At the beginning of the hearing, the protest committee
elicited the facts about the protest flag and asked
Windhover if she had any questions to put at this point,
but she had not. The parties were then asked to retire so
Wind that the protest committee could discuss in private the
validity of the protest. When the parties returned, they
were informed that the committee had decided that
Aquila had displayed her protest flag at the first
A3 reasonable opportunity and would continue with the
B2 B1
B3 hearing.
A2 Windhover was asked if she had any objection. The
answer was negative. The hearing proceeded, and
Windhover was disqualified. She appealed against the
A1
decision to hear the protest and against the fact that the
committee conferred in private.

DECISION
SUMMARY OF THE FACTS Windhover’s appeal is dismissed.
Two boats, A and B, on starboard tack, approached a
mark to be left to starboard. When A reached the zone, Having heard Aquila's reasons for her delay in
she was clear ahead of B. A tacked onto port tack to displaying a protest flag, the protest committee was
fetch the mark, causing B to change course to avoid a entitled to invite the parties to the protest to retire while
collision. B protested under rule 10. it considered whether the flag had been displayed in
reasonable time.
The protest committee disqualified B under rule 18.2(b)
on the grounds that, when A reached the zone, B had As Windhover did not take the opportunity at the time to
had no overlap and so was required by the second object to the validity of the protest when asked if she
sentence of that rule to give mark-room to A. B wished to do so, she cannot subsequently introduce that
appealed. objection as the grounds for her appeal, whatever the
merits of her case.
DECISION
B’s appeal is upheld. B is to be reinstated into her Aquila v Windhover, Hoylake SC
finishing position and A is disqualified under rule 10.
RYA 1981/7
A boat that enters the zone at a mark clear ahead of Rule 44.2, One-Turn and Two-Turns Penalties
another boat retains the right to mark-room under the Rule 61.1(a), Protest Requirements: Informing the
second sentence of rule 18.2(b) only if she remains on Protestee
the same tack or gybes. If she tacks, rule 18.2(d) says
that rule 18.2(b) ceases to apply, and, in any case, none A third boat that has witnessed an incident between
of rule 18 now applied, since the boats were on opposite other boats, and wishes to protest, cannot justify her
tacks, and B’s proper course at the mark was to tack, as own failure to display a protest flag on the grounds that
referred to in rule 18.1(b). none of the other boats lodged a valid protest after
Rule 10 applied, and A, on port tack, did not keep clear. displaying a protest flag.
Crystal v Shimmer, Royal Fowey YC When a boat protests, believing that another boat has
not taken a penalty as described in rule 44.2, she must
RYA 1981/5 establish first that the other boat broke a rule of Part 2
Rule 63.3, Right to be Present (or rule 31).
Rule 63.5, Hearings: Validity of the Protest or Request SUMMARY OF THE FACTS
for Redress After an incident between A and B, B hailed ‘Protest’
Rule 70.1(a), Appeals and Requests to a National and displayed a protest flag. A agreed to take a two-
Authority
turns penalty. C, which witnessed the incident, believed
A protest committee may confer in private for the that A had not completed two turns in taking her
purpose of reaching a decision on a procedural point. A penalty. B did not lodge a protest after the race. C
boat that waives an opportunity to object to the validity lodged a protest against A for breaking a rule of Section
of the protest against her cannot later introduce that A with respect to B. The protest committee held that
objection as the grounds for her appeal. C’s protest was not valid since C, a boat of more than 6
62