Page 85 - Case Book 2017 - 2020 April 18

sighting the starting line is better placed than any an announcement that there was plenty of time to get to
competing boat to decide whether a boat was over the the starting area. Both junior and senior fleets began to
line at the starting signal and, if so, whether she leave, and GBR 4073 tallied out nearly last. When she
returned and started correctly. arrived at the starting line the preparatory flag was
already displayed. She requested redress because she
had been unable to make a good start, and had had an
ASSUMED FACTS indifferent result.
Keelboats were starting on a 300 metres start line
between the masts of two committee vessels. At the The protest committee found that there had been
nothing in the tally system to prevent GBR 4073
starting signal, the race officer judged three boats to be
over the line. Flag X was promptly displayed with a leaving the shore earlier; that the junior fleet was the
last to leave; that boats started to arrive at 16 minutes to
sound signal. The assistant race officer, in the other
committee vessel, confirmed the identity of the three the start; that GBR 4073 had arrived at the start 2½
minutes before the gun; that it took approximately 2
boats and that they had not returned and restarted
correctly. All three boats were scored OCS. One of minutes to sail from one end of the line to the other. The
protest committee decided that a period of less than five
these three boats completed the course and finished
first. On learning that she had been scored OCS, she minutes was insufficient to allow a competitor to
prepare for a start. Having left the shore amongst the
requested redress, maintaining that she had returned and
started correctly. She called as witnesses two other last, she did not arrive at the line until after the
preparatory signal. The requirements of rule 62.1 were
competitors who had been close by and who believed
that she had returned and started correctly. satisfied. However, the only equitable decision was to
let the result stand.

QUESTION 1 GBR 4073 appealed, on the grounds that, harm to her
May the decision of a race officer that a boat has not finishing position having been established, she should
started or restarted correctly be overruled on the basis of have been awarded average points.
other evidence? If so, in what circumstances?
ANSWER 1 DECISION
Yes, if the protest committee is satisfied on the weight GBR 4073’s appeal is dismissed.
of the evidence that the race officer was not watching Based on the facts found, the protest committee should
while the boat was crossing the start line or carrying out have dismissed the request for redress. No improper
the returning manoeuvre, or was mistaken as to the action by the race committee was established. In
identity of the boat. addition, it is clear that GBR 4073 was in part the
author of her own misfortune in arriving late at the
QUESTION 2 starting line when there was nothing to prevent her from
In assessing the weight of evidence in such a case, arriving earlier. Furthermore, her race result could not
should the protest committee attach more weight to that be directly linked to the situation at the start.
of the race officer?
ANSWER 2 It follows that GBR 4073 should continue to retain her
The evidence of the race officer, who is in the best result for the race concerned.
position to judge, is more reliable. Request for Redress by Optimist GBR 4073, Clyde Cruising Club

QUESTION 3 RYA 1994/10
If the issue is simply whether a boat was ‘over’ the Rule 3.1(a), Acceptance of the Rules
starting line, or whether it had ‘wholly’ returned, is a When a sailing instruction requires a measurer at an
person who was not in a position to sight along the line
a competent witness? event to check within a required time that a sail
limitation has been complied with, and when this is not
ANSWER 3
See Answer 2. A race officer sighting directly along the done, this does not relieve the competitor from the
obligation to comply with the sail limitation.
line at all relevant times is in the best position to make
such a judgement. SUMMARY OF THE FACTS
Laser II 8600 was protested for using more than one
Questions from South Caernarvonshire Y C
spinnaker during the regatta contrary to Sailing
Instruction 8 that read:
RYA 1994/9
Rule 62.1, Redress BOATS AND EQUIPMENT
a) All competitors shall use only one hull, mast,
Redress is not available for a boat that is in part the boom, centreboard and rudder. Only one suit of
author of her own misfortune. sails shall be used which shall be identified by the
SUMMARY OF THE FACTS measurer before the second points race.
The helmsman of Optimist GBR 4073 arrived in good b) In the event of damage, boats and equipment
time at Largs Sailing Club for the junior fleet race. He may only be substituted with the written permission
then changed into his wet suit and rigged the boat. of the Principal Regatta Measurer.
When competitors were allowed to go afloat, there was

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