Page 103 - Judge Manual 2017
P. 103
hours of receiving the relevant information (rule 62.2).
When a request for redress is received outside the protest time period, the
protest committee must extend the time limit if there is good reason to do so.
The decision as to whether there is a “good reason” to extend the time limit
must be decided by the protest committee which would normally be at the first
reasonable opportunity after the boat becomes aware of the redress situation.
K.29.5 Compliance
When the request for redress is accepted as valid, the protest committee must
now decide whether the request complies with the requirements of rule 62,
namely whether the boat's score (either in a race or series) has through no fault
of her own been made significantly worse by
a. An improper action or omission of the race committee, protest committee
organizing authority or technical committee for the event, but not by a protest
committee decision when the boat was a party to the hearing;
b. Injury or physical damage because of the action of a boat that was breaking
a rule of Part 2 or of a vessel not racing that was required to keep clear;
c. Giving help (except to herself or her crew) in compliance to rule 1.1; or
d. An action of a boat, or a member of her crew, that resulted in a penalty under
rule 2 or a penalty or warning under rule 69.2(c).
The protest committee should take evidence from the representative of the
party requesting redress, his witnesses if any, the other parties and their
witnesses, and any witnesses the protest committee may decide to call.
At the end of this part of the hearing a decision should then be made and
advised to the party requesting redress whether his request has been granted
and then move on to taking evidence on what redress, if any, will be granted.
K.29.6 Score or Place
Rule 62.1 states that a request for redress “shall be based on a claim or
possibility that a boat’s score or place in a race or series has been or may be,
through no fault of her own, made significantly worse”.
If the race committee made a scoring error, and as a result of correcting that
error, a boat’s score is worse from that previously posted, the corrected score
has not been made worse than the score the boat should have been scored in
accordance with the rules. This would not be an improper action by the race
committee, as they are required by the rules to score all boats in accordance
with their finishing place.
K.29.7 Significantly
A boat’s score or place in a race or series must be made significantly worse.
The term “significantly” is subjective and is determined by the protest committee
based on the circumstances of each case. It would be the responsibility of the
party requesting the redress to establish that the boat’s score had been made
“significantly” worse.
Example:
The worsening of a score or place by one point could be significant if it decides
the outcome of a series. Whereas, if the worsening of a score or place by