Page 70 - Case Book 2017 - 2020 April 18

convinced the committee that W failed in her obligation discardable. It is now open to the protest committee to
to keep clear’. L appealed, stating that her decision to consider whether to take action under rule 69.2 against
alter course was taken with rule 14 in mind. J.F.
DECISION It should be noted that the assessment of sportsmanship
L’s appeal is upheld; W is disqualified. and of good manners is necessarily subjective and may
be expected to vary according to the circumstances of
The diagram of the protest committee clearly shows that the incident. Penalization under rule 69.2 is a serious
L gave W room to keep clear when she luffed, as matter for the competitor and should be undertaken only
required by rule 16.1, but W had not taken action to after careful consideration.
keep clear by the time L had closed to within half a
length of her. Question from Rutland SC
The facts found include the statement that ‘L bore away RYA 1986/7
to avoid damage’ which can only mean that contact Rule 44.1, Penalties at the Time of an Incident: Taking
would otherwise have occurred. Rule 14 required L to a Penalty
avoid the contact, which she did. W therefore did not Rule 60.1, Right to Protest; Right to Request Redress or
keep clear, because L could not sail her course without Rule 69 Action
needing to take avoiding action. L did all that the racing Rule 64.1(b), Decisions: Penalties and Exoneration
rules required of her.
Rule 44 allows a boat to take a two-turns penalty and
Simba v Marguerita, Portsmouth SC
protest without risk of further penalty, provided that she
did not break rule 2, and that, if she did in fact break a
RYA 1986/6 rule of Part 2, she did not thereby gain a significant
Rule 2, Fair Sailing advantage, or cause injury or serious damage.
Rule 24.1, Interfering with Another Boat
Rule 28.1, Sailing the Course ASSUMED FACTS
Rule 69.2, Misconduct: Action by a Protest Committee While rounding a mark a collision occurs between A
and B. Each flies a protest flag and later lodges a
When a boat abandons her attempt to sail the course, protest. A takes a two-turns penalty in respect of the
she may be deemed to have retired and, if she then incident. The protest committee considers the protests
manoeuvres against, and interferes with, another boat and refuses to hear them on the grounds that A has
that is racing, she will be penalized and the helmsman admitted fault but has exonerated herself.
may be liable to disciplinary action.
QUESTION 1
ASSUMED FACTS In this situation, assuming that the fault can only lie
In the last race of a series of seven, boat A, sailed by with one or other of the boats involved, does rule 44
J.F., misses out a mark of the course and is thereby able enable a boat to perform a two-turns penalty as an
continually to harass and manoeuvre against boat B. A ‘insurance policy’ against disqualification and then
does not complete the race. J.F.'s actions are deliberate. protest the other boat involved?
He never intends to finish, his intention is to secure
overall first place in the Championship by ‘sailing B ANSWER 1
down the fleet’. Yes. She is not necessarily acknowledging that she
broke a rule when she takes a penalty, since rule 44.1
QUESTION refers to a boat that ‘may’ have broken a rule. Rule 44
Is this a breach of good sportsmanship, and under what does not prevent a boat doing turns, and then protesting.
rules may a protest committee take action against A and Rule 64.1(b) says that she cannot be penalized further at
against J.F.?
any subsequent protest hearing, unless she should have
ANSWER retired either because she broke rule 2 or because the
When a boat enters for a race or series, she undertakes penalty was not available to her under rule 44.1(b) by
to try to win while complying with the rules of the sport reason of her having caused injury or serious damage,
and the generally accepted norms of fairness, or gained a significant advantage. Such a protest must
sportsmanship and good manners. be heard.
When she abandons the attempt to sail the course, she QUESTION 2
may be considered to have retired, and if she then If the answer to Question 1 is ‘Yes’ and if no injury to
manoeuvres in the racing area against another boat, she any competitor or serious damage to either boat resulted
breaks rule 24.1 for interfering, when not racing, with a from the collision, could A’s turns nevertheless be
boat that is racing. As she has omitted a mark in order deemed to be gaining a significant advantage requiring
to get to and harry the other boat, she is not sailing a her retirement?
proper course, and as she and the other boat are on ANSWER 2
different legs of the course, she also breaks rule 24.2. A If the question means ‘Can the action of protesting from
deliberate breach of rule 24.2 is a clear violation of a position of immunity from penalization be construed
good sportsmanship and fair play, which breaks rule 2.
as seeking to gain an advantage’ the answer is ‘No’.
When, after protest and hearing, the boat is found to Rule 44 does not prevent a boat doing her turns and
have broken rules 24.1 or 24.2, she is to be disqualified. protesting, and she is entitled to do so. The boat is
If she has also broken rule 2, her disqualification is not
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