Page 89 - Case Book 2017 - 2020 April 18

QUESTION 3 Had there been any change to the ownership of the boat,
Given that the preamble to Part 2 prevents a boat that is to her certificate (which would have been invalidated by
not racing from being penalized in most instances, what change of ownership, under class rules), to her sail
point is there in a boat lodging a protest when she is number, hull, spars or gear, these would have been
fouled by another when both are intending to race, but matters relevant to the Racing Rules of Sailing or to
neither is racing? class rules. But there was none, and she was therefore
the same boat.
ANSWER 3
A boat that is damaged before the preparatory signal When a race committee wishes to place limitations on
may wish to claim redress under rule 62.1(b) in order to changing the name of a boat or on who may be the
get average points for the race she cannot even start. To person in charge of a boat, it must say so in the notice of
get redress she must prove that the other boat was race and sailing instructions.
required to keep clear. Since a decision to that effect
can only safely be made by a protest committee having Request for Redress by Redcoat, Royal Ocean Racing Club
heard the evidence of all those involved, it is sensible to RYA 1997/2
lodge a protest as well as seeking redress in order for Rule 27.1, Other Race Committee Actions Before the
the other boat to be present at the hearing, since the Starting Signal
other boat would not be a party to a request for redress Rule 85.1, Changes to Rules
on its own.
A sailing instruction that states how a change of course
QUESTION 4 will be signalled, but which does not refer to rule 27.1,
Given the limitations imposed by the preamble to Part does not change that rule, and therefore does not
2, would a protest committee be justified in declining to empower the race committee to signal a course change
hear a protest over an incident occurring when neither after the warning signal.
boat is racing?
SUMMARY OF THE FACTS
ANSWER 4 A course was displayed before the warning signal. The
No. A protest committee must hear a valid protest. Rule sailing instructions said:
63.1 says so.
5.1 Flag F - Fresh Course Signal
Questions from Royal Lymington YC
This means that the course has been changed from
that previously set. It shall be the sole responsibility
RYA 1997/1
Rule 46, Person in Charge of each boat to ascertain the revised course.
Rule 78.1, Compliance with Class Rules; Certificates After the warning signal, flag F was flown and a new
Rule A2, Series Scores course was displayed. Valerian sailed the original
course. Other boats sailed the changed course. Valerian
When a boat takes part in one race in a series under a
different name, and with a different person in charge, protested them under rule 28. Her protest was
dismissed, and she herself was disqualified for sailing
she remains the same boat, and her race points will
count towards her series score, unless class rules, the wrong course. She appealed.
notice of race or sailing instructions say otherwise. DECISION
Valerian’s appeal is upheld. She is to be given first
SUMMARY OF THE FACTS place and the other boats are to be awarded redress.
A Sigma 33 named Serendip raced in a number of
offshore races, gaining points for the year’s points prize. Rule 27.1 permits the race committee to replace one
She was then chartered for the Fastnet Race in which course signal with another, but no later than the warning
she entered and sailed under the name Securon. Her signal. If a race committee wishes to change a course
points in that race were added to the points already won after the warning signal, it must either signal a
as Serendip. postponement, or have a valid sailing instruction
permitting it to signal the change.
Redcoat sought redress, asserting that Securon was in
effect a separate boat, whose points should be tabulated Rule 85.1 says that sailing instructions that change a rule
separately from those for Serendip, and that combining must not only state the change, which SI 5.1 did, but
them had boosted Serendip / Securon’s series finishing must refer specifically to the rule being changed, which it
position to the detriment of Redcoat’s. Redress was did not. The effect of SI 5.1 was that it advised how the
refused, and Redcoat appealed. race committee would draw competitors’ attention to a
course change made before the warning signal, but it did
DECISION
Redcoat’s appeal is dismissed. not empower the race committee to change the course
after the warning signal.
The boat’s name had been changed, with the approval
of the organizing authority, she was entered by a person Valerian sailed the correct course, which was the one
displayed at the warning signal, and is to be given first
who was not the owner, and sailed with a different
crew. None of these are relevant in the Racing Rules of place. The other boats did not, and so broke rule 28.
However, displaying a change of course after the
Sailing, nor were they prohibited by class rules, the
notice of race or the sailing instructions. warning signal was an improper act by the race
committee. This prejudiced the other boats, which were
entitled to believe that the course they saw at the
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