Page 99 - Case Book 2017 - 2020 April 18

ANSWER 1 SUMMARY OF THE FACTS
Rule19 applies if the moored vessel is large enough Anina was seriously damaged in a collision with Atom,
relative to the boats racing to rank as an obstruction, as and lodged a protest against her. Atom was not
defined. represented at the protest hearing. The protest
committee decided to continue with the hearing under
QUESTION 2 rule 63.3(b), as a notice calling the hearing had been
Does rule 20.1 apply in a situation when two close- posted as required by the sailing instructions. It then
hauled boats are approaching a moored boat?
found that Anina had not complied with rule 61.1(a)(4),
ANSWER 2 and so the protest was invalid. However, it decided to
Yes, providing other requirements of rule 20.1 are met, continue the hearing, relying on rule 60.3(a)(1), and the
and the moored boat ranks as an obstruction. original notification of the hearing. Atom was
disqualified, and this decision was recorded on Anina’s
QUESTION 3 protest form.
Can our sailing instructions, which prohibit touching
moored vessels, say that all moored vessels are When she realised this, Atom asked for a reopening,
obstructions? stating that, while she did not deny she was involved in
a collision, she had never been notified by Anina of any
ANSWER 3 intention to protest, and, indeed, thought that Anina’s
No. This would change the definition Obstruction, protest would be only against a third boat involved in
which is not permitted. A sailing instruction may the incident. When this was refused, she appealed.
nevertheless state that a moored or anchored vessel shall
not be touched. DECISION
Atom’s appeal is upheld, and she is to be reinstated into
QUESTION 4 her finishing position.
When two boats are sailing overlapped off the wind,
and approach a moored vessel, is W entitled to room When a protest is found invalid, but the protest
from L to pass to leeward of the obstruction, even if W committee then wishes to proceed under rule 60.3(a)(1)
could equally have passed to windward of it? because it learns of serious damage from the invalid
protest form, the requirements of rules 61 and 63 apply
ANSWER 4 anew. The protest committee should have called a fresh
Yes, if L passes to leeward of it.
hearing with a new protest form, and notified Atom of
QUESTION 5 the time and place of the hearing.
When two boats are sailing overlapped off the wind and Anina v Atom, Royal Dart Y.C.
approach a moored vessel that they will both pass to
leeward if they hold their courses, but L then changes RYA 2002/1
course towards the moored vessel, must she then give Rule 62.2, Redress
room to W to pass to leeward of the moored vessel?
When a boat complains in writing that her score has
ANSWER 5 been adversely affected by an improper action of the
If L intends to pass to windward of the obstruction, she protest committee, the protest committee shall treat this
is entitled to room from W to do so, and W must keep as a request for redress, even when it was lodged as an
clear. If L is about to pass the obstruction to leeward, W invalid request to reopen a hearing, For the request to
may either choose to pass it to windward, in which case succeed, a complainant must establish an improper
rule 19 does not apply, or pass it to leeward as well, in action or omission of the protest committee that made
which case Q and A 4 apply. or might make significantly worse that boat’s score or
Questions from Aldeburgh YC place in a race or series through no fault of her own.
These are matters to be established during the hearing,
RYA 2001/15 and every detail supporting her claim need not be set
Rule 60.3(a)(1), Right to Protest; Right to Request out in the written complaint or request, although the
Redress or Rule 69 Action reason for the request must be stated. However, the
Rule 63.1, Hearings: Requirement for a Hearing scope of the hearing is to be limited to the essence of the
Rule 63.2, Hearings; Time and Place of the Hearing; complaint.
Time for Parties to Prepare
SUMMARY OF THE FACTS
When a protest committee learns from an invalid protest At the Wayfarer International Championship, on a
of an incident that may have resulted in injury or heavy-weather day, the protest committee gave redress
serious damage and decides to protest a boat named as in race 3 to four boats that claimed that they were given
a party in the invalid protest, it must lodge a fresh insufficient time after being released from the beach to
protest against her, and she is entitled to new reach the starting area. The redress was the average
notification of the new hearing, even if she was the points of the first two races sailed the previous day,
protestee in the invalid protest and had been properly when conditions were less onerous.
notified of the original hearing but had not been Another boat, Really Random, lodged a form headed
present.
‘Protest Form – also for requests for redress and
reopening’ on which she had ticked a box marked
‘Request by boat …to reopen hearing’. She asked the

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