Page 105 - Judge Manual 2017
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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.