Page 90 - Case Book 2017 - 2020 April 18

preparatory signal was the correct one. The protest time counted, the race had been unfair. Redress was
committee is to award them redress, which might be by refused and she appealed.
scoring them in the order in which they finished, DECISION
beginning with ‘equal first’.
Diana’s appeal is upheld. She is to be scored by her
Valerian v CHS Boats, Saltash SC finishing time.
RYA 1998/1 The race officer acted within his rights under rule 32 in
Rule 41, Outside Help not shortening the course, and the protest committee
correctly denied Diana’s request for redress on those
The issues as to whether information and advice are grounds. A club may prescribe any time limit it wishes,
permissible outside help will depend on whether they and many clubs wish to set the same time limit for all
were asked for, whether they were available to all boats.
boats, and whether the source was disinterested.
However, this must be effected validly. The sailing
QUESTIONS instruction was meant to change rule 35, but did not say
When do advice and information constitute outside help so as required by rule 86.1(b). It was therefore invalid,
under rules 41(c) and (d)? Do questions of safety affect rule 35 was not changed, and, since at least one boat
the ruling? had finished within the time limit, Diana was entitled to
a finishing place.
ANSWERS
The following will serve as general guidelines: Request for Redress by Diana, Sussex YC

 a boat that asks for and is given individual advice RYA 1998/3
that is relevant only to her breaks rule 41. Rule 29.1, Recalls: Individual Recall
 a boat that does not ask for but is given advice by a Rule 62.1(a), Redress
disinterested person and acts on it does not break
rule 41. See rule 41(d). When a boat has no reason to know that she crossed the
starting line early and the race committee fails to signal
 a boat that acts on advice given by an interested ‘individual recall’ promptly and scores her OCS, this is
person breaks rule 41. That might be a coach or a an error that significantly worsens the boat’s score
parent. In team racing, rule D1.1(g) permits advice through no fault of her own and therefore entitles her to
from a team member when given non- redress.
electronically.
SUMMARY OF THE FACTS
 if the race committee gives all boats advice or 25 boats started on a reach. The committee vessel was
information that does not favour any particular
boat, no boat breaks rule 41 and no boat is entitled lying to the wind to leeward of the fleet, which meant
that the flags were difficult to see and the guns hard to
to redress. See rule 41(c).
hear. The recall sound signal was made promptly but the
 when a boat is in danger, as when unknowingly visual signal was displayed properly only 30 - 40 seconds
standing into rocks, advice or a warning from after the starting signal, by which time Bobsleigh, which
another boat would be help as permitted in rule could see no recall flag, was out of audible range of the
41(d). sound signal. She believed she was not OCS and sailed
RYA Case 1993/6 illustrates some of the points. the race. She was scored OCS in the results.
Questions from West Kirby SC Bobsleigh asked for redress on the grounds that she had
not been over the line, and that this had been confirmed
RYA 1998/2 by the lack of recall flag or sound signal. The protest
Rule 35, Time Limit and Scores committee found that Bobsleigh had been over the line
Rule 86.1(b), Changes to the Racing Rules at the start and refused redress because ‘Bobsleigh’s
crew were insufficiently thorough in checking flag.’
When it is intended that no boat finishing outside a time Bobsleigh appealed.
limit shall have a finishing place, this requires a change
to rule 35. To be valid, the sailing instruction concerned DECISION
must refer to the rule and state the change. Bobsleigh’s appeal is upheld. The protest committee is
to decide suitable redress.
SUMMARY OF THE FACTS
In a handicap race, sailing instruction 8 stated ‘The time Rule 29.1 requires the race committee to display flag X
limit for Race 1 (Distance Race) shall be the start time promptly. WS case 79 states: ‘No specific time will
plus 5 hours …Yachts failing to finish within the time apply in all circumstances, but in this rule it means a
limit will be scored DNF.’ very short time. A race committee should signal
‘Individual recall’ within a few seconds of the starting
All the boats finished in less than 5 hours, except signal. Forty seconds is well beyond the limit of
Diana, the smallest boat in the fleet, which finished 5 acceptability.’
hours 19 minutes after the start and was scored DNF.
She asked for redress on the grounds that the race A race signal comprises a flag and one or more sounds,
officer should have shortened the course and that, as she and both parts of a signal should be made at
would have won on corrected time had her finishing approximately the same time. A sound signal without a
visual signal has no meaning. Failure by the race
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