Page 75 - Case Book 2017 - 2020 April 18

protest, which is within two hours of the finish of the A boat appearing alone at the start is entitled to sail the
last boat in the race in which the race or protest course and to be awarded any prize unless sailing
committee saw an incident in the racing area. The instructions say otherwise. A request that seeks the
protest was clearly invalid. correction of an alleged error of the race committee
ranks as a request for redress even if it does not use
Race Committee v Tee Pee, Up River SC
those words. If it is lodged promptly after the facts are
known, this is sufficient good reason for a protest
RYA 1989/8
Rule 28.1, Sailing the Course committee to extend the normal time limit.
Rule 63.1, Hearings: Requirement for a Hearing SUMMARY OF THE FACTS
Appendix A5, Scores Determined by the Race Imperator was the only entry in her class in the series in
Committee July. The starts of several classes were combined. There
A race committee is not allowed to disqualify a boat was a prize for the combined results. Imperator finished
without a hearing, except under the U Flag and Black correctly in her races.
Flag rules. A race committee is not allowed to score a The race committee recorded ‘No Race’ for her series.
boat DNF for failing to sail the course if she complies When Imperator received the results the owners wrote
with the definitions Start and Finish. A protest is immediately complaining that this was incorrect and
needed. that Imperator was entitled to her points in these races.

SUMMARY OF THE FACTS The race committee replied that since only one boat had
A Topper failed to sail the course that the race come to the starting line there was a ‘no race’ situation.
committee believed was prescribed in the sailing After further correspondence Imperator lodged a formal
instructions and was disqualified without a hearing. She request for redress in October. At the hearing the
immediately requested redress but was refused a request for redress was found to be invalid and an
hearing. A similar request the next day was also extension of the time limit was refused on the grounds
refused. After a third request she received a letter from that there had been unreasonable delay in requesting
a Flag Officer of the club to the effect that the request redress. At the class meeting in October, Imperator’s
had been considered and rejected. The Topper had not series was declared invalid and the decision to present
been invited to be present. no prizes reaffirmed. Imperator appealed.
A request was made to re-open the case. The protest DECISION
committee agreed to the request and a hearing was held. Imperator’s appeal is upheld, and she is to be awarded
The protest committee decided that the disqualification points for her finishing positions.
was correct. After further vain attempts to get the case
re-opened again, the Topper appealed. Although the owners’ politely worded letter dated 23rd
July did not contain the words ‘Request for Redress’ it
DECISION in fact met all the requirements for a request for redress,
The Topper’s appeal is upheld and she is to be and well within a reasonable time from the receipt of
reinstated in her finishing position. the results. It was, therefore, valid and should have been
While the case does not turn on the point, the course heard when received.
was ambiguously described in the sailing instructions. Rule J2.2(36) requires sailing instructions to state, if it
A race committee is not empowered by any rule (other applied, the minimum number of boats required for a
than rule A5 for breaches of rules 30.3, 30.4 and 78.2) race to be started. Failing any such statement - in this
to disqualify a boat without a hearing. Her case there was none - a single boat may sail the course
disqualification was therefore invalid. and claim the prizes. Rule 90.3(a), which rule 86.1(b)
says cannot be changed by sailing instructions, requires
(Nor is it open to a race committee to score as DNF a a race to be scored if only one boat finishes. Were this
boat that finishes, as defined. In rule A5 the word Finish not so, it might be possible, if the race were reduced to
is printed in italics and is therefore to be used in strict two competitors, for one of them to manipulate the
accordance with its defined meaning. In this case, the points by a timely refusal to start or to finish.
Topper crossed the finishing line from the course side
as intended by the race committee.) The race committee is not empowered to ignore the
Racing Rules of Sailing or the sailing instructions and
Request for Redress by Topper 28057, Thorpe Bay SC declare the series invalid. A boat that has sailed the
whole series without competition is entitled to the same
RYA 1989/9 prizes as if she had beaten another boat.
Rule 61.3, Protest Requirements: Protest Time Limit
Rule 62.2, Redress Request for Redress by Imperator, Royal Thames YC
Rule 63.5, Hearings; Validity of the Protest or Request
for Redress RYA 1989/10
Rule 90.3(a), Race Committee; Sailing Instructions; Rule 62.1(a), Redress
Scoring: Scoring Rule 64.2, Decisions: Decisions on Redress
Appendix J, 2.2(36), Notice of Race and Sailing Redress may be given for a race committee's failure to
Instructions: Sailing Instruction Contents provide suitably equipped marks. In cases involving

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