Page 74 - Case Book 2017 - 2020 April 18

On the most recent Admiralty Chart the area was again in the sailing instructions; or reprint them in the
labelled ‘Warning Pipeline and Cables - see note.’ The notice of race and in the sailing instructions.
note read ‘vessels are warned not to anchor...’ On the Sigmatic v six Sigma 33s, Royal Southern YC
same chart, the Hamstead Ledge area nearby was
labelled ‘Anchoring prohibited’. It was not clear RYA 1989/7
whether the two notes were intended to have different Rule 61.3, Protest Requirements: Protest Time Limit
meanings - one advisory and the other prohibitive. The Rule 63.1, Hearings: Requirement for a Hearing
protest committee wrote to the Hydrographic Appendix A5, Scores Determined by the Race
Department of the Navy asking whether boats might or Committee
might not legally anchor in the area concerned. After
lengthy enquiries at various Ministries, the When a race committee believes that a boat has broken
Hydrographer’s Department telephoned to explain that a sailing instruction, it cannot disqualify her without a
the area had been an ‘Anchoring Prohibited’ area under hearing or deem her to have retired. The race or protest
a World War II regulation, which had now expired. committee must first lodge a protest against her, within
the time limit for doing so, and a hearing must then be
The protest committee, in upholding the protest and called.
disqualifying the six boats, said that although the sailing
instructions did not say that Admiralty Regulations SUMMARY OF THE FACTS
must be complied with, it considered that if the protest On 13 September, during the last few moments of a
were dismissed this decision would indicate that the race, Tee Pee’s crew took the helm. Allegedly this was
RYA condoned the disregard of Admiralty Regulations contrary to a sailing instruction. The boat had sailed the
and that a race committee had no authority to allow course correctly, finished correctly and was given a gun.
boats to anchor in the prohibited area which, by She was then posted in the results as having retired.
implication, it would be doing by dismissing the protest.
A letter received by Tee Pee’s owner on 11 October
The six boats appealed on the grounds that similar said that that Tee Pee had been disqualified without a
situations were covered elsewhere by sailing instructions, hearing by the race committee for not completing the
which should in all cases list the rules applicable. race and for not informing the race officer that she had
retired.
DECISION
Their appeals are upheld. The protest committee's Tee Pee requested a hearing. On 25 October a protest
decision is reversed and the six boats are reinstated. hearing was held, at which the protest committee
disqualified Tee Pee for breaking the sailing instruction.
Racing is run under the rules, which are defined as the Tee Pee appealed.
WS racing rules and some WS regulations, the
prescriptions of the national authority, class rules, the DECISION
notice of race, sailing instructions, and any other Tee Pee’s appeal is upheld, and she is to be reinstated
documents governing the event. Rules J1.1(3) and into her finishing position.
J2.1(2) say that the ‘other documents governing the The scoring actions that can be taken by the race
event’ shall be listed in the notice of race and the sailing committee are detailed in Appendix A5; none of these
instructions ‘to the extent that they apply’. That this is applied to Tee Pee. Specifically, she did not retire
the intention of the rules is confirmed by rule 48, Fog before finishing (DNF), since she crossed the finishing
Signals and Lights: Traffic Separation Schemes. There line from the course side, nor did she retire after
would be no need for this rule if compliance with finishing (RET): that designation applies only when a
IRPCAS etc. were automatically compulsory.
boat herself says that she is retiring. It was therefore not
The coasts are dotted with areas subject to special within the power of the race committee to score Tee Pee
prohibitions. Many oyster fisheries are protected by as having retired.
laws dating back to the Middle Ages, yet these are cited A race committee has no power to disqualify a boat
when there is a case between yachtsmen and fishermen. without a hearing, whether for breaking a racing rule or
Some regulations are issued as warnings, but it is not a sailing instruction, except under rule 30.3, U Flag
always clear whether this is a warning that an infringer Rule, rule 30.4, Black Flag Rule, rule78.2, Compliance
may be prosecuted, or a warning that she may be with Class Rules, or when rule 63.1 is validly changed
damaged or lose an anchor. Wreck warnings may apply in the sailing instructions. None of these applied in this
in areas so deep that they will affect deep draught ships case.
but not racing boats. Firing ranges, sewer outfall works,
cable laying, mining grounds, archaeological diving The hearing that Tee Pee asked for was in effect a
positions, prohibited deep channel areas all combine to request for redress against her summary
form an intricate network of permanent and temporary disqualification. That hearing never took place. It is
regulations. Some are shown on some charts, others not. clear that the proper outcome of that hearing should
have been to uphold Tee Pee’s request and to reinstate
It would be unreasonable to expect a competitor to into her finishing position – see WS Case 80.
comply with all these without explicit warning and
sailing instructions. When a race committee considers Instead, a protest hearing was called against Tee Pee. In
that it is necessary for such regulations to be complied the absence of any different provision in the sailing
with, it must either list them in the notice of race, instructions, this was called far outside the time limit in
stating where or how they may be seen, and list them rule 61.3 for notification of a race or protest committee
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