Page 14 - Misconduct a Reference for Race Officials

SECTION 3: Special Considerations for Specific

Activities

This Section sets out some additional considerations that may be relevant for
particular types of activity, including: racing events; cruising events; training
events; and open days.

(i) Racing Events
A race organiser cannot guarantee that a race will be absolutely safe. Racing
involves a competition with the elements as well as with other boats. This sets
racing apart from many other forms of competitive sport.

The ability of a boat and crew to withstand testing conditions and the manner in
which such conditions vary during the course of a race are part of the
competition. This being the case, the skipper accepts certain responsibilities
under the Racing Rules for the safety of their boat and crew (discussed below).

Nevertheless, race organisers should take reasonable care in their management
of a race. Factors that may be relevant in establishing the standard of care that
might be expected of organisers are likely to include: the expected duration and
nature of the race; the types of boats competing; the skill levels of the crews; the
course design; and the locations of the racing marks. For example, the weather
conditions (such as poor visibility or wind strength) may be such that it would be
reasonable for the organisers of an offshore race in yachts built and equipped to
withstand adverse conditions and with experienced crews to start or continue a
race but unreasonable for the organisers of an inshore race for small cruising
yachts crewed by sailors of mixed abilities to do so.

Other factors that a race organiser might need to take into account include the
risks associated with the venue’s particular locality, the resources of the race
organiser in terms of skilled officials and other staff or volunteers, patrol boats,
any rules laid down by landlords in the case of private inland waters and the
expected level of skill of the participants. For events on tidal waters or rivers with
a public right of navigation, safety rules appropriate to the area are likely to have
evolved over a long period of time. In either case, the legal position of race
organisers will be more secure if it can be shown that any rules that are applied
are taken seriously, and are applied with reasonable consistency.

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