Page 87 - Case Book 2017 - 2020 April 18

the collision but in vain. Boat A sailed a steady course No rule exempted C from the requirement for a boat
throughout, hailing S that there was a general recall of over 6m hull length wishing to protest to display a
S’s race and that she (A) had right of way. protest flag at the first reasonable opportunity in respect
of an incident not involving her that she saw in the
S and C lodged protests. The protest committee racing area. Her protest was invalid.
disqualified A and C for breaking rule 10. Boat A
appealed. 395 v 398, RYA Olympic Qualifier
DECISION RYA 1996/4
A’s appeal is dismissed. The disqualification of C is Rule 32.2, Shortening or Abandoning after the Start
reversed and the protest committee is to give her Race Signals
redress.
A sound signal made when a boat crosses a finishing
The rules of Part 2 applied to all boats, since they were line is only a courtesy. It has no bearing on the race. A
either racing, or had been racing. The preamble to race committee cannot shorten course without the
Section D of Part 2 states that when rule 22 or 23 appropriate signal.
applies between two boats, Section A rules do not. It
follows that when rule 24, also a Section D rule, SUMMARY OF THE FACTS
applies, the right-of-way rules in Section A still apply. After rounding the penultimate mark of the course,
In addition rule 24.1 does not require a boat that is not Stampede, in Class 1, noticed a fast committee boat
racing to ‘keep clear’. However, the preamble to Part 2 station herself at that mark and shorten course for
does allow for the penalization under rule 14(b) of a subsequent classes. Class 1 could not be shortened at
boat not racing when the incident results in damage. that mark as Stampede had already rounded it.
Stampede expected therefore, that the Class 1 course
It follows that A’s obligation under rule 10 was in force would be shortened by the main committee boat at the
and she was required to keep clear. This she failed to next mark, which was Poole Fairway buoy, the last
do, and was correctly disqualified. Had she tacked or mark of the course.
borne away, keeping clear of S, she could then have
protested S under rule 24.1. S, trying to fulfil her Stampede approached Poole Fairway buoy and passed
obligation under rule 24.1, bore away to go astern of A, between the buoy and the committee boat. She heard a
a manoeuvre that finally resulted in a collision between sound signal, believed she had finished and stopped
S and C resulting in damage.. This was due to A’s racing. However the race committee did not display flag
failure to fulfil her obligation under rule 10, and despite S nor did it make two sound signals. No other Class 1
S’s prompt attempts to do so, it was not possible for her boat reached Poole Fairway buoy, let alone the
to avoid contact with C. Whether S infringed rule 16, or designated finishing line, within the time limit and so
C rule 10, or both, both boats are exonerated, S under the race was abandoned.
rule 64.1(a) and C under rule 21(a). Since C was Stampede asked for redress on the grounds that the race
damaged and had to retire, the protest committee is to committee had signalled a shortened course with a
act under rule 60.3(b) to consider redress for C.
finishing line between the committee boat and Poole
Rampallion v Down Under and Lingo, Lingo v Rampallion, Royal Fairway buoy, that she had finished properly on that
Western Yacht Club of England line within the time limit and that she had received a
finishing signal.
RYA 1996/2
Rule 61.1(a), Protest Requirements: Informing the Her request was refused on the grounds the race
Protestee committee had not shortened the course, and no boat
crossed the finishing line designated in the sailing
When a boat sees an incident between two other boats instructions before the time limit expired. One sound
in the racing area and wishes to protest one or both of signal had been made in error as Stampede passed Poole
them, she must display a protest flag, when applicable, Fairway buoy but this in no way affected her score.
at the first reasonable opportunity after the incident. Stampede appealed.

SUMMARY OF THE FACTS DECISION
During a race there was an incident between boats A Stampede’s appeal is dismissed.
and B. A hailed ‘Protest’ and flew her protest flag; but
she lodged the protest late, and the protest committee It is nowhere written either in the rules or the sailing
found that it was invalid. When this result was instructions that a single sound signal denotes that a
announced, boat C, which had been close by at the time boat has finished; such signals are by courtesy only. It is
of the incident, protested boat A under rule 13. Boat C, clear that, whether it intended to or not, the race
whose hull length was more than 6 metres, had not committee did not signal a shortened course.
displayed a protest flag. Furthermore, it is evident from Stampede's own account
The protest committee found C's protest to be invalid, that she had no expectation of finishing the full course
and she appealed. within the time limit. No action of the race committee
prevented Stampede from getting a score for a finishing
DECISION position.
C’s appeal is dismissed.
Request for Redress by Stampede, Poole YC

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