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
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