Page 83 - Case Book 2017 - 2020 April 18

leave the last mark of the course on the correct hand and opportunity to take evasive action, since S swung
then finish in accordance with the definition. directly into the collision. There was then a general
recall.
No boat sailed the course. All boats broke rules 28.1
and 28.2. This resulted from the act of the race The protest committee found that ‘S altered course
committee in setting a course that could neither be abruptly and unexpectedly giving P no opportunity to
started nor finished, and in which the only way rule 28 keep clear’, thus breaking rule 16.1. P then requested
could be complied with at the end of each lap was redress under rule 62.1(b) and was awarded average
neither as it must have been intended, nor as any boat points. Although S was exempt from penalization
might have reasonably expected. All boats, including because of rule 36, she appealed, maintaining that P
the appellant, appear to have made a reasonable attempt should have expected boats that were on the course side
to extract a sailable course from the instructions given. of the line to try to return.
No boat was at fault, and so all boats are entitled to DECISION
redress from their technical liability to disqualification. S’s appeal is dismissed.
The appellant does not allege that the slightly greater
distance she sailed compared with the protested boats The RYA sees no reason to alter the protest
committee’s decision. S was a right-of-way boat that
affected her score.
changed course. She did not give P room to keep clear.
The case is returned to the protest committee to grant P was not required to anticipate S’s action.
redress. The protest committee may consider that the
most equitable redress is for the appellant to be The RYA wishes to underline the importance of the
correct procedure adopted here by the protest
reinstated in her actual finishing position, and for the
resulting scores to constitute the result of the race. committee. When there is a protest in respect of an
incident in a race that is then recalled or abandoned, the
Scherzo of Brae v Selene and others, Royal Northern and Clyde YC protest must be heard, so that facts are found and a boat
that has broken a rule is identified, even though she
RYA 1993/5 cannot be penalized because of the provisions of rule
Rule 16.1, Changing Course 36. When such facts are found, the protest committee
Rule 36, Races Restarted or Resailed may then consider and, if the requirements of rule
Rule 60.1, Right to Protest; Right to Request Redress or 62.1(b) are met, grant redress.
Rule 69 Action
Rule 62.1(b), Redress Challenger v Ayesha, Royal Northern and Clyde YC
A give-way boat is not required to anticipate a right-of- RYA 1993/6
way boat's alteration of course. Rule 41, Outside Help
While rule 36 may remove the possibility of a boat When a boat acts on potentially useful advice given by
being penalized because the race was recalled, a boat is an interested person, she receives outside help.
entitled to have her protest heard. If it is found as a fact SUMMARY OF THE FACTS
in the protest that the other boat broke a rule of Part 2,
the protest committee may go on to consider whether In a team racing event, after an incident between GP
and EK, EK started to get clear to take a penalty, but
redress under rule 62.1(b) is applicable.
before she did so she was hailed from the shore by the
S1 team coach (under a misapprehension that a sailing
instruction permitted him to do so) and told to sail on.
Wind GP protested EK, which was penalized under rule 41 by
the protest committee. EK appealed.
DECISION
EK’s appeal is dismissed.
S2
It is clear that EK would have performed her penalty
had not the team coach hailed her not to do so. Rule 41
prohibits a boat from receiving outside help, except in
P1 P2 four specific situations, none of which was applicable in
this case. It is obviously impossible to avoid hearing
SUMMARY OF THE FACTS
About ten seconds before the starting signal of a race, P advice given, and a competitor may be fortunate
was reaching along the starting line, approximately one enough, without risk of penalization under rule 41, to
length on the pre-start side on port tack. Many boats, learn from the comments of spectators that his current
close-hauled on starboard tack, were already over or on intentions are not in his best interests.
the line. However, when specific advice is given by any person
with an interest in the matter, and acted on so as to
About five seconds before the starting signal, one of
these boats (S) bore sharply away to a run. At the point improve a boat's finishing position, that is information
of dead downwind, she found the gap between other from an interested source, albeit unsolicited, which is
starboard tack boats blocked by P, and collided with her clearly outside help that breaks rule 41.
port side, causing extensive damage. P had no GP 13175 v EK22393, Southport SC

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