Page 96 - Case Book 2017 - 2020 April 18

correct her error. If she continues to sail the course, later Damage includes something that a prudent owner
marks have a required side as if she had not made an would repair promptly. Damage includes damage a
error. However, when a boat begins to return to correct boat causes to herself. Damage may be serious, even if
an error, she resumes sailing the leg on which she made both boats are able to continue to race.
her error and all marks she has rounded or passed since When a boat may have caused injury or serious damage
making the error no longer have a required side. When
her string is drawn taut, it will not catch on those later in breaking a rule of Part 2 or rule 31 but does not
retire, a protest against her is to be heard and decided
marks, which become relevant again only when her
error has been corrected, after which they must be on the basis of the appropriate rule. Only when she is
found to have broken such a rule and to have caused
rounded or passed correctly.
injury or serious damage does the question of
Question from Minima YC compliance with rule 44.1(b) become relevant.
RYA 2001/2 SUMMARY OF THE FACTS
Rule 2, Fair Sailing There was a pre-start collision between boats A and B.
Rule 61.3, Protest Requirements: Protest Time Limit Boat B took a two-turns penalty. Boat A protested. The
protest committee disqualified boat B under rule
When a boat believes that she may have broken a rule 44.1(b), for causing serious damage and not retiring.
and retires in compliance with the Basic Principle, she The cost of repairing both boats was substantial, boat B
may revoke her retirement within protest or declaration having come out the worse with an exposed core and a
time if she later realises that she did not in fact break a displaced bulkhead. Both boats had completed the race
rule. However, if she is not acting in good faith, she and a further race that day. Boat B appealed, on the
breaks rule 2, Fair Sailing. grounds that the cost of repairs alone did not constitute
ASSUMED FACTS serious damage if a boat was able to continue racing.
Boat A lodged a protest against boats B and C for DECISION
sailing the wrong course. Boat B did not believe she had B’s appeal is dismissed.
done so, but ‘did the sportsmanlike thing’ and retired.
Boat C did not retire. Within protest time, boat A The serious damage referred to in rule 44.1(b) includes
checked her facts with the race committee, and found damage a boat causes to herself as a result of breaking a
that her protest was unjustified. She withdrew her rule of Part 2.
protest against boat C. WS Case 19 gives some examples of questions to ask

QUESTION when deciding whether there is damage. It also states
Was boat B then entitled to ‘unretire’? that 'It is not possible to define 'damage'
comprehensively'. The protest committee used a
ANSWER different and widely-accepted criterion, which the RYA
The rules are silent with regard to ‘unretiring’. When a supports, namely whether what had happened to the
boat retires in compliance with rule 44.1, Penalties at boats was something that a prudent owner would repair
the Time of an Incident: Taking a Penalty, for having promptly, even though the boats were able to continue
gained a significant advantage or causing serious racing. There is no doubt that both boats required
damage in the act of touching a mark or breaking a rule prompt attention, and so there was damage.
of Part 2, that is irrevocable.
The RYA upholds the protest committee's conclusion
When a boat retires for some other reason, as in this that the damage was serious, based on both the extent
case, and has indicated her retirement either to the race and type of the damage and the cost of repairs to both
committee or to another boat, she may reverse this boats both in absolute terms and relative to the value of
decision before the end of protest time or declaration the boats. The fact that one or both boats can continue
time, whichever is earlier, provided that she has not racing does not preclude damage from being serious.
broken any other rule in the meantime. For instance,
retiring during a race, using her engine, and then B’s disqualification was stated to be for not retiring.
resuming racing would preclude ‘unretirement’. Rule 44 cannot be broken. Failure to take the
appropriate penalty under rule 44 opens a boat to being
However, if she has no good reason to ‘unretire’, she penalized for her breach of the relevant right-of-way
breaks rule 2, Fair Sailing, and the protest committee rule (or rule 31). When a boat protests under rule 44,
should, if necessary, extend the protest time limit for her protest is to be corrected and heard accordingly. If a
any boats that did not proceed with a protest against her party to the protest is found to have broken a rule of
because of her initial retirement. Part 2 or rule 31, and also to have caused injury or
Question from Royal Southampton YC serious damage (or gained a significant advantage), but
had not retired, then the protest committee is to penalize
RYA 2001/3 her for breaking the relevant rule of Part 2 or rule 31.
Rule 14(b), Avoiding Contact The fact that a boat has caused injury or serious damage
Rule 44.1(b), Penalties at the Time of an Incident: and has retired does not prevent a protest being brought
Taking a Penalty against her and heard. The outcome, if unfavourable to
Rule 64.1(a), Decisions: Penalties and Exoneration a boat that has retired, will be that she cannot be
penalized, but the facts found can lead to redress for
another boat.
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