Page 105 - Judge Manual 2017
P. 105

Physical  damage  is  where  the  value  of  part  or  the  whole  of  the  boat  is
                       diminished or it is rendered less functional. Refer to World Sailing Case 19.

                       The following are not physical damage:
                       §  capsize
                       §  rigs or lifelines entangled
                       §  loss of places
                       §  crew overboard
                       Injury would be any that required medical treatment or rendered the crew less
                       functional.  Minor  cuts  or  abrasions  would  not  be  considered  injuries  for  the
                       purposes of this rule.
               K.29.11 Giving help

                       A boat giving help (except to herself or her crew) in compliance with rule 1.1
                       may be entitled to redress. Also, when it is possible that a boat is in danger,
                       another boat that gives help is entitled to redress, even if her help was not
                       asked for or it was later found that there was no danger. Rule 62.1(c) and World
                       Sailing Case 20
               K.29.12 Penalty action

                       A boat whose score has been made significantly worse by the actions of a boat
                       against which a penalty has been imposed under rule 2 or disciplinary action
                       has been taken under rule 69.1(b) may be granted redress. Rule 62.1(d)

               K.29.13 Redress Given

                       When  the  protest  committee  is  satisfied  that  the  request  meets  these
                       requirements, it must make as fair an arrangement as possible; it has no power
                       to decide not to make an arrangement when the requirements have been met.
                       As the dictionary definition of “redress” is “to put right again” and the redress
                       under this rule is based on a boat’s score having been made worse the only
                       redress that can be given is to put the boat or boats scores right again. Rule

                       64.2 states this may be to adjust the scoring (see rule A10 for some examples)
                       or the finishing times of boats, to abandon the race, to let the results stand or
                       to make some other arrangement. In this instance, the reference to some other
                       arrangement solely refers to some other arrangement under which the boat’s
                       score or scores are adjusted.
                       When it appears during the hearing that the requirements of rule 62 will be met
                       it  is  often  helpful  to  ask  the  parties  what  redress  they  believe  would  be
                       appropriate. Although the protest committee is under no obligation to take these
                       opinions into consideration, it is often enlightening.
                       When only one boat, or very few, have requested redress and their requests
                       are  found  to  have  fulfilled  the  requirements  of  rule  62,  the  most  equitable
                       decision is rarely to abandon a race. Abandonment should be an option of last
                       resort.  If  the  fairest  arrangement  would  be  to  abandon  the  race  the  protest
                       committee  must  first  take  evidence  from  appropriate  sources  which  could
                       include all boats that have entered the race.
                       It  is  useful  and  enlightening,  and  often  a  requirement  in  order  to  fulfil  its
                       obligation under rule 64.2, for the protest committee to obtain evidence from
                       other boats not involved in the request for redress.
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