RYA Case RYA1989-09
Rule 61.3, Protest Requirements: Protest Time Limit
Rule 62.2, Redress
Rule 63.5, Hearings; Validity of the Protest or Request for Redress
Rule 90.3(a), Race Committee; Sailing Instructions; Scoring: Scoring
Appendix J2.2(36), Notice of Race and Sailing Instructions: Sailing Instruction Contents
A boat appearing alone at the start is entitled to sail the course and to be awarded any prize unless sailing instructions say otherwise.A request that seeks the correction of an alleged error of the race committee ranks as a request for redress even if it does not use those words. If it is lodged promptly after the facts are known, this is sufficient good reason for a protest committee to extend the normal time limit.
SUMMARY OF THE FACTS
Imperator was the only entry in her class in the series in July. The starts of several classes were combined. There was a prize for the combined results. Imperator finished correctly in her races.
The race committee recorded ‘No Race’ for her series. When Imperator received the results the owners wrote immediately complaining that this was incorrect and that Imperator was entitled to her points in these races.
The race committee replied that since only one boat had come to the starting line there was a ‘no race’ situation. After further correspondence Imperator lodged a formal request for redress in October. At the hearing the request for redress was found to be invalid and an extension of the time limit was refused on the grounds that there had been unreasonable delay in requesting redress. At the class meeting in October, Imperator’s series was declared invalid and the decision to present no prizes reaffirmed. Imperator appealed.
DECISION
Imperator’s appeal is upheld, and she is to be awarded points for her finishing positions.
Although the owners’ politely worded letter dated 23rd July did not contain the words ‘Request for Redress’ it in fact met all the requirements for a request for redress, and well within a reasonable time from the receipt of the results. It was, therefore, valid and should have been heard when received.
Rule J2.2(36) requires sailing instructions to state, if it applied, the minimum number of boats required for a race to be started. Failing any such statement —in this case there was none— a single boat may sail the course and claim the prizes. Rule 90.3(a), which rule 86.1(b) says cannot be changed by sailing instructions, requires a race to be scored if only one boat finishes. Were this not so, it might be possible, if the race were reduced to two competitors, for one of them to manipulate the points by a timely refusal to start or to finish.
The race committee is not empowered to ignore the Racing Rules of Sailing or the sailing instructions and declare the series invalid. A boat that has sailed the whole series without competition is entitled to the same prizes as if she had beaten another boat.
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