Page 66 - Case Book 2017 - 2020 April 18

limit for so doing, if applicable. Her course up to that finishing line after the second round and sailed a third
moment is not relevant. round before finishing. The protest committee refused
their request for redress on the grounds that the
Marjorie v Jessie, Kuwait Oil YC
competitors had ample time (four minutes) to read the
correct course. Heartbreaker appealed.
RYA 1982/17
Rule 32.1, Shortening or Abandoning After the Start DECISION
Heartbreaker’s appeal is upheld. The case is returned to
‘Insufficient wind’ does not constitute grounds for the protest committee to decide the redress to be
abandoning a race when sailing instructions prescribe awarded.
no time limit.
Rule 27 is mandatory if it is not changed in the sailing
SUMMARY OF THE FACTS instructions. A race committee must signal the course
Sailing instructions specifically prescribed that there ‘no later than the warning signal’ of the class about to
was no time limit for the New York Yacht Club Cup start. The starting time of the class concerned should
Race. After five hours of calm, and with no likelihood have been changed to a later time. If the limitations
of change, the race committee decided that there was became apparent only when the warning signal was
insufficient wind to permit a fair result and abandoned made, the race should have been postponed so that the
the race. No further races were scheduled. correct number of rounds to be sailed could be

Three boats that did not see the abandonment signal displayed in time.
completed the course and, as required by sailing Request for Redress by Heartbreaker, Middle Nene Cruising Club
instructions, recorded their finishing times. They
requested redress. A protest committee upheld the request RYA 1984/2
and re-instated the race, placing the three boats concerned Definitions, Conflict of Interest
first, second and third. The race committee appealed. Rule 63.4, Hearings: Conflict of Interest
Rule 64.2, Decisions: Decisions on Redress
DECISION
The decision of the protest committee is upheld. When reasonable doubt exists as to the interpretation of
a sailing instruction it must be resolved in favour of the
It is usual for sailing instructions to prescribe a time competitor.
limit because this enables race officials and competitors
to plan the other activities connected with a regatta. In A person with a conflict of interest does not cease to be
such cases the race may be shortened or abandoned, in such because a party to the protest is willing to accept
accordance with rule 32. him as a member of the protest committee.

However, when there is no time limit and no further SUMMARY OF THE FACTS
races are scheduled to be sailed, as in the race in The description of the finishing line in the sailing
question, rule 32.1 does not permit a race committee to instructions was incomplete and ambiguous, and the
shorten or abandon a race because of insufficient wind, line, as actually laid, did not correspond with the sailing
since the lack of a time limit implies that the race is instructions. The leading boat, Laser 85342, lost time
intended to last until all boats have finished or retired. and places identifying and crossing the finishing line
Nor did any question of the fairness of the competition intended by race committee. She requested redress.
arise. When the possibility of a prolonged race is The chairman of the protest committee had taken part in
contemplated in this way, the competition cannot be
regarded as unfair when such circumstances arise. the race, a fact accepted by Laser 85342. It later became
known that the chairman had won his class. The protest
Request for Redress by Loujaine, Cowes Combined Clubs committee refused redress on the grounds that the very
vagueness of the sailing instruction entitled the race
RYA 1983/7 committee to make its own interpretation. Laser 85342
Rule 27.1, Other Race Committee Actions Before the appealed.
Starting Signal
DECISION
Physical limitations on signalling the course no later Laser 85342’s appeal is upheld. The case is returned to
than the warning signal cannot excuse a race committee the protest committee to decide the redress to be
from not complying with rule 27. A race must be awarded.
postponed until the course can be displayed no later
than the warning signal. The sailing instruction was ambiguous, confusing, and
inadequate. It is well established that in such
SUMMARY OF THE FACTS circumstances, when a reasonable doubt exists as to the
The course board was altered from ‘three rounds’ interpretation of a sailing instruction, it must be
(which applied to the previous start) to ‘two rounds’ at resolved in favour of the competitor.
the preparatory signal for Heartbreaker’s race. The
physical limitations of changing the designated course It is accepted that sometimes, unavoidably, fellow
for different fleets had prevented her course from being competitors sit on a protest committee, but it is
displayed at the warning signal. Having looked at the nevertheless undesirable. This is particularly so at
course board immediately after the warning signal, redress hearings where the giving or not of redress must
Heartbreaker and other boats failed to cross the potentially affect both the race committee and the
competitors. In such cases all competitors have, to a
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