Page 99 - Misconduct a Reference for Race Officials

The RYA has therefore updated its advice and it is important that clubs and race organisers
follow its recommendation which is that, instead of attempting to rely on a disclaimer, race
organisers should take reasonable steps to reduce the exposure of competitors, officials and
third parties to unacceptable risks as well as having full and effective liability insurance cover
when running events.

The RYA recommendation is that the steps taken to reduce the exposure to unacceptable
risks should include: conducting a risk assessment for the event; considering whether
appropriate safety measures have been taken; considering whether competitors’ attention
need to be drawn to any specific rules and information (e.g. by preparing a safety plan for
the event and referencing this in the sailing instructions); and using a risk statement in the
notice of race to alert competitors to the residual risks.

The suggested risk statement in Addendum A and also reproduced below is, as stated, a
suggestion. It does not cover risks specific to a particular venue or to a particular event
which might become apparent from the risk assessment process (e.g. large passenger
ferries or cargo vessels pass through the racing area, or risks associated with the specific
way that boats are launched or craned into the water at a particular venue). It is intended
that these specific risks will be either added to the risk statement itself and/or be brought to
competitor’s attention in a separate safety plan for the event and/or mentioned at a safety
briefing prior to competitors going on the water. It is also possible that other documentation,
such as a club’s byelaws, will make provision for risks that have been identified for the venue
- in which case, these should also be referred to in the event documentation.

The Inspections paragraph is only required when the organising authority intends that boats
will or may be inspected prior to or during the event.

It is further recommended that organisers include wording in the sailing instructions to the
following effect ‘Risk Statement; competitors are referred to the notice of race’. If there is a
separate safety plan produced for an event or a safety briefing is to be held, it is
recommended that these are also referred to in the sailing instruction - e.g. ‘Risk Statement:
competitors are referred to the notice of race and are advised to attend the safety briefing’.

A more detailed explanation of the legal position can be found in the RYA publication ‘Race,
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Training and Event Management – The Legal Aspects’ .

RISK STATEMENT

Rule 4 of the Racing Rules of Sailing states: “The responsibility for a boat’s decision to
participate in a race or to continue racing is hers alone.”

Sailing is by its nature an unpredictable sport and therefore involves an element of risk. By
taking part in the event, each competitor agrees and acknowledges that:

a) They are aware of the inherent element of risk involved in the sport and accept
responsibility for the exposure of themselves, their crew and their boat to such inherent
risk whilst taking part in the event;

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‘Race, Training and Event Management – The Legal Aspects’ can be obtained from the club
section of the RYA website at www.rya.org.uk/go/clubs

December 2016 97