Page 78 - Case Book 2017 - 2020 April 18

Otherwise, if ‘person in charge’ is substituted for Marvel appealed, questioning the significance of the
‘helmsman’, others may steer without hindrance to the race officer’s words.
award of the points to the person in charge.
DECISION
Request for Redress by Damn Nuisance, Derwent Reservoir SC Captain Marvel’s appeal is dismissed.
Question from Middle Nene Cruising Club
Communications between the race committee and
RYA 1990/3 competitors are made by visual and sound signals in the
Rule 63.6, Hearings: Taking Evidence and Finding Race Signals, as stated in rule 25. Oral instructions,
Facts unless specifically authorised in the notice of race or
sailing instructions, need not be complied with.
When there is no collision there is a primary onus of However, the race officer was not giving an order. He
proof on the protestor to show that a rule has been was informing Captain Marvel of his intention to
broken. protest. It was up to the person in charge to decide
SUMMARY OF THE FACTS whether to take a penalty or not.
Fearnought protested Micky Finn alleging that, on a If Captain Marvel believed she had broken no rule she
reach, her helmsman had broken rule 49.2, Crew could have decided not to take a penalty. By taking a
Position, by sitting on top of the upper guard rail with two-turns penalty, Captain Marvel actually preserved a
the upper half of his torso outside the guard rails and finishing position from which she might otherwise have
outside a vertical line from the outer side of the boat. been disqualified had the race committee protested her.
The protest committee found that both boats were
beam-reaching in 15 to 20 knots of wind some two to The race officer did not threaten disqualification
three hundred yards apart, Micky Finn in close without a hearing. Had he done so, his threat would
proximity to two other boats. It dismissed the protest have been an empty one, since disqualification without
stating that the protestor's case was not proven. a hearing by a race officer is restricted to rules 30.3,
Fearnought appealed. 30.4 and 78.2.
DECISION The race officer’s words were a warning of a possible
Fearnought’s appeal is dismissed. protest. It is not good practice for a race officer to hail
in this way at the time of an incident, since rule 61.1(b)
In an incident involving contact it is normally the case says that a race committee intending to protest in
that a rule will have been broken (see case RYA respect of an incident it observes in the racing area shall
2008/4). In cases like this there is no such presumption inform the protestee after the race. However, it would
and a primary onus rests on the protestor to substantiate have been unwise to ignore the race officer's warning
her allegations. Fearnought was unable to do so, and without considering whether some rule had been
the protest committee was unable to find facts broken.
supporting her case, The protest committee was correct
Request for Redress by Captain Marvel, Draycote Water SC
in dismissing the protest.
Fearnought v Micky Finn, Mumbles YC
RYA 1990/6
Rule 16.1, Changing Course
RYA 1990/5 Rule 18.2(b), Mark-Room: Giving Mark-Room
Rule 25.2, Notice of Race, Sailing Instructions and Part 2 Section D preamble
Signals Rule 23, Capsized, Anchored or Aground; Rescuing
Rule 61.1(b), Protest Requirements: Informing the
Protestee Rule 16 applies to a right-of-way boat that alters course
Rule 62.1(a), Redress out of control. When a boat has capsized near another,
obligations under the rules of Section A of Part 2 end,
When a race officer warns a boat that she may be and are replaced with an obligation to avoid the
protested by the race committee, and as a result she capsized boat, if possible. A boat is not to be penalized
takes a two-turns penalty, she is not eligible for redress. when she is unable to avoid a capsized boat.
Oral instructions, unless specifically authorised in the
notice of race or sailing instructions, need not be
complied with.
SUMMARY OF THE FACTS
The race officer witnessed an incident between Captain
Marvel and an unidentified boat. He hailed Captain
Marvel and advised her that unless she took a two-turns
penalty, she would be protested by the race committee.
Captain Marvel took the penalty. On coming ashore,
Captain Marvel lodged a request for redress on the
grounds that she had been ordered to take a penalty
under threat of disqualification and as a result had lost
several places, but that in fact she had broken no rule.
The protest committee refused redress and Captain

78