Page 93 - Case Book 2017 - 2020 April 18

the crew member of the right-of-way boat; thus rule 2 RYA 1999/7
was not broken. Rule 64, Decisions
The contact was an infringement of rule 14, but rule The decision of a protest committee may be altered only
14(b) explicitly prohibits the right-of-way boat being when a case is reopened or on appeal. It is not open to
penalized under this rule when the contact does not a club sailing committee to change a protest
cause injury or damage. committee’s decision.
Jagga v Chalkhill Blue, Brighton Marina YC SUMMARY OF THE FACTS
Alchemist was OCS at the start of the Round The Island
RYA 1999/6 Race. She tried to return to the pre-start side of the
Rule 64.2, Decisions: Decisions on Redress starting line, but was not seen by the race committee to
have done so, and was given a finishing time penalized
While it is to be avoided when more equitable
arrangements are available, abandonment may, very by a 5% time penalty, as permitted by the sailing
occasionally, be the least unfair option. instructions. She requested redress, believing that she
had returned correctly.
A race officer cannot overrule a sailing instruction.
The protest committee found that she had tried but
SUMMARY OF THE FACTS failed to return correctly. Another sailing instruction
In a youth event on a reservoir with 259 boats, parking permitted the protest committee to waive any penalty if
and launching arrangements were difficult. The Topper it decided that a boat had broken a rule, other than a rule
fleet of 111 had a single start, (warning signal scheduled of Part 2, when the infringement had had no significant
for 1130), and on the first day found their launching effect on the outcome of the race. Using this sailing
delayed. A sailing instruction prohibited launching until instruction, the protest committee, finding that she had
a black ball signal was lowered. The signal was still not gained any advantage from her incorrect start, gave
displayed at 1100. Alchemist redress by removing the 5% time penalty
from her finishing time.
Just after 1100, a race official, realising that the black
ball signal should have been removed, but unable to get The sailing committee of the club organizing the race
this done promptly, told several competitors that they overruled this decision and disqualified Alchemist. She
could now launch, and some did so. The black ball was appealed.
lowered at 1105. The race officer started the race five
minutes before the scheduled time. As a result, many DECISION
boats were unable to reach the starting area in time for a Alchemist’s appeal upheld: she is to be reinstated into
reasonable start and requested redress. her finishing position.
The protest committee was entitled to use the sailing
The protest committee found that they had been affected
by the race committee errors, and granted redress by instruction permitting it to waive the penalty, and the
abandoning the race. RYA sees no reason to question its decision.
Walsdos and other Toppers requested redress in their Neither a race committee nor the sailing committee of a
turn, asking for the race to be reinstated with individual club has the authority to overturn the decision of a
boats getting some other form of redress. This was protest committee. The race committee, as a party to the
refused and Walsdos appealed. In her appeal she hearing, had the option to request a reopening (rule 66),
suggested that the sailing instruction prohibiting or to appeal (rule 70.1). It did neither.
launching before the signal was lowered had been Request for Redress by Alchemist, Island SC
overruled by the action of the race official.
RYA 1999/8
DECISION Rule 32.1(b), Shortening or Abandoning After the Start
Walsdos’s appeal is dismissed.
When the wind falls light in a race that cannot be
While it is to be avoided when more equitable shortened, it is not proper for the race committee to
arrangements are available, abandonment may, very abandon until it is unlikely that any boat will finish
occasionally, be the least unfair option.
within the time limit. The possibility of a revival of the
In this case, the launching problems were considerably wind must be taken into account.
aggravated by the start being made early and the effects SUMMARY OF THE FACTS
of the race committee’s errors on the fleet (not just on The starting and finishing line for a handicap
the boats seeking redress) are unquantifiable. The RYA centreboard race was a transit from the shore, and there
sees no grounds for overturning the protest committee’s were no facilities for the race committee to go afloat to
decision at the time in favour of some other imperfect shorten at a mark. The race would have been finished
arrangement. The applicant is not correct when he says after three laps, and the time limit was two hours. The
that the black ball signal had been overruled by the race leading boat had sailed the first two laps in just over 20
officer. This could be effected only by a change to minutes for each lap. The wind then dropped, and the
sailing instructions. Any earlier launching broke this leading boat made only limited progress in the next 25
sailing instruction, and any boat that decided not to minutes. Some boats chose to stop racing.
launch until the signal was lowered was correct to wait.
Request for Redress by Walsdos, Datchet Water SC
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