Page 76 - Case Book 2017 - 2020 April 18

errors by the race committee, it is a good principle that Confronted with a much larger boat than herself, which
any doubts be resolved in favour of the competitor. was a keep-clear boat and not therefore, as defined, an
obstruction, A avoided a collision by tacking. In so
SUMMARY OF THE FACTS doing she broke rule 13 in respect of B but was required
The outer limit mark of the finishing line was attached to do so by rule 14, was compelled to do so by C’s
by cordage of a semi-floating variety which was too failure to keep clear, and is therefore to be exonerated
long when used in shallow areas. The excess was under rule 64.1(a).
usually tied into a bunch but it became loose.
Skaggerak v Merlin Royal, Northumberland YC
It produced an underwater hazard floating two to three
yards to leeward of the mark and, with a flood tide, on RYA 1989/13
the course side of the finishing line. It was not visible to Rule 2, Fair Sailing
an approaching boat and several boats were caught in
this tangle, hit the mark, took a one-turn penalty and re- Use of standard, designed positions for equipment (e.g.
crossed the line. Only one boat, Instant Sunshine, a spray hood) not restricted by class rules or the sailing
requested redress, as the scores of the others were not instructions does not break rule 2, since there is no
affected. The protest committee, refusing redress, stated clear-cut violation of the principle of sportsmanship.
that the mark and ground tackle were the equipment SUMMARY OF THE FACTS
used regularly as a finishing mark in that area and that Squaw was sailing on a twenty-mile race. During the
the length and type of warp was not unreasonable in the downwind leg of the course she sailed with her spray
circumstances. Instant Sunshine appealed. hood (with an approximate area of one square metre) in
DECISION the raised position. On the windward leg to the finishing
Instant Sunshine’s appeal is upheld, and she is to be re- line she sailed with the spray hood in the lowered position.
instated in her position when she first crossed the Squaw was protested under rule 2 and was disqualified:
finishing line. she appealed.
Marks are laid for the benefit of competing boats and it DECISION
is important that ground tackle be arranged to minimise Squaw’s appeal is upheld and she is to be reinstated into
possibility of being fouled by the boats. In cases her finishing position.
involving errors by the race committee, it is a good
principle that any doubts be resolved in favour of the The spray hood of a boat is a standard part of her
competitor. equipment. When fixed normally, hood up and hood
down are standard, designed, positions for this
Request for Redress by Instant Sunshine, Poole YC
equipment. Further, neither class rules nor the sailing
instructions placed any restrictions on the use of the
RYA 1989/12 hood while racing.
Definitions, Obstruction
Rule 64.1(a), Decisions: Penalties and Exoneration In this case there is no evidence to show that Squaw
broke any class rule or sailing instruction, nor is the
A boat compelled by another boat to break a rule is to
be exonerated. A keep-clear boat is not an obstruction. evidence sufficient to show that she had been propelled
by an abnormal sail since it was not necessarily
abnormal to carry the hood in the raised position when
C2 sailing downwind, however it had been positioned
A2 Wind during upwind sailing.
B2 Rule 2 was not broken since there was no clearly
C1
established violation of the principles of sportsmanship.
Krait v Squaw, West Kirby YC
B1
A1
RYA 1990/1
Rule 11, On the Same Tack; Overlapped

Rule 15, Acquiring Right of Way
SUMMARY OF THE FACTS
Immediately after the start of a race, two Solings, A and When a boat is obliged to change course to keep clear
B, were close hauled on starboard tack with A of another boat that has acquired right of way, she must
overlapped to leeward and ahead. Unexpectedly, a 40ft act promptly, since a right-of-way boat that does not
boat, C, racing on port tack, crossed A’s path on a change course is required only initially to give her
collision course. A hailed C in vain, luffed and fell off room to do so. After that, rule 15 does not apply.
onto port tack. This manoeuvre forced B to tack to
avoid a collision with A. At the end of the race, C
retired in acknowledgement of breaking rule 10. B
protested A under rule 13, for tacking too close to her.
A was disqualified and appealed.
DECISION
A’s appeal is upheld and she is reinstated.

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