Page 104 - Judge Manual 2017

twenty-five points means a boat comes thirty seventh in a series instead of thirty
sixth it is probably not significant. However, if a boat was scored the extra
twenty-five points in a race that it would have won, this may make it significant,
as the boat may have missed out on a race prize.
K.29.8 No Fault of Her Own

To be entitled to redress, a boat’s score or place in a race or series must have
been made significantly worse through no fault of its own. This means that if a
boat is responsible, either fully or partially, to the worsening of its score, no
matter how small a part it was responsible for, it shall not be entitled to redress.

Examples:
§ If a starting signal is made five second late and two boats are recorded as
OCS, one being over fifteen seconds before the delayed starting signal and
the other by two seconds, only the second boat would be entitled to redress
as the first boat would still have been OCS due to his own actions irrespective of the
race committee’s improper action of a late starting signal.

§ The race committee starts a race at its scheduled time but a competitor
leaves the marina late and misses the start. This is the fault of the competitor
and not that of the race committee.

§ A starting mark that drifts does not exempt a boat from the requirement to
start in accordance with the definition start.

K.29.9 Improper Action or Omission

An improper action is doing something that is not permitted by the racing rules,
notice of race or sailing instructions. An omission is not doing something that is
the rules including notice of race or sailing instructions states shall not be done.
If a race officer or protest committee or the technical committee does or does
not do something over which it has discretion or is not mandatory, even though
it may be totally inappropriate and an extremely bad or poor judgement, it is
neither an improper action, nor an omission for which redress can be given.

Examples:

If a race committee signals course 3 when only courses 1 and 2 are described
in the sailing instructions, this would be an improper action as the course was
not in the sailing instructions. Whereas, if the race committee signaled course
2 and subsequently the first boat could not finish the course within the time limit
and the course was not shortened, this would not be improper action or
omission. This course is permitted by the sailing instructions and shortening the
course is not mandatory; it was a case of poor judgement by the race
committee, but not an improper action or omission.
If the race committee posted an “Advice to Competitors” and then did not act
on that advice it would not be grounds for redress because that document is
not a rule. or constitute part of the notice of race or sailing instructions.
K.29.10 Physical Damage and Injury

The physical damage or injury must have been caused by the action of a boat
breaking a rule of Part 2 or by a vessel not racing that was required to keep
clear.