The sailing instructions stated that ‘course signals will be displayed from the committee boat by showing the numbers of the marks of the course in order. Numbers displayed on a green background are to be left to starboard; those on a red background are to be left to port.’ A chart, the relevant part of which is illustrated, was also included with the sailing instructions.

The committee boat was stationed at mark 28 for the start and signalled the following course: 29G, l8G, 39G, 29G, 28G, 29G, 39R.

The majority of the fleet sailed the posted course making a 270 loop around mark 29 when it was the penultimate mark of the course. One boat, A, decided that 29G was a passing mark and, when lying in sixth position at mark 28, sailed directly from Mark 28 to the finishing line, leaving Mark 29 to starboard and crossing the finishing line in first position in her class. The RC did not record A’s finishing time but scored her as DNF.

A requested redress against her disqualification, maintaining that she had sailed the posted course. She argued that, if Mark 29 was to be rounded the RC should have displayed 29R and not 29G. If mark 29 was a turning mark, the course would have required the fleet to make a loop around mark 29. The protest committee refused redress and disqualified A, because she had not sailed the course which was intended by the RC.

A appealed and with their comments the RC asked for clarification of the meaning of ‘rounding’ and ‘passing’ marks.

The RC made three errors in the conduct of this race, which were as follows:

(1) Rounding and passing marks.

Rule 28.1 requires that a string representing a boat’s track when drawn taut touch only rounding marks. The RC did not define whether the displayed course marks were rounding or passing marks, thus leaving the course designation ambiguous.

Ambiguities between rounding and passing marks may be eliminated in sailing instructions that read “numbers displayed on a green background are to be rounded to starboard; those …”

(2) ‘Looping’ marks.

RCs should never set courses so that the taut string in rule 28.1 crosses over itself at any rounding mark since this would put boats in the same or different races at unnecessary hazard with each other in their rounding manoeuvres.

(3) Failing to score a boat in its finishing position after it crossed the finishing line.

A crossed the finishing line in accordance with the definition of finish and the RC scored her DNF without a hearing. This was an improper action under rule 62.1(a) since rule 63.1 does not permit the RC to penalize a boat that fails to sail the course.

In the redress hearing the protest committee failed to address the improper action of the RC, and they refused redress. This was an omission of the protest committee under rule 62.1(a).

The protest committee expanded the scope of the redress hearing to include the matter of whether A sailed the course properly. This action of the protest committee was contrary to World Sailing Case 80, which finds that “a fundamental principle of protest hearing procedure is that a hearing must be limited to a particular ‘incident’ ”, the term used in rule 61.2(b). Because A had not been protested for failing to sail the course, the hearing could not examine this incident, and she could not be penalized for breaking rule 28.1. This procedural error in the hearing and the resulting decision to disqualify A were improper actions of the protest committee under rule 62.1(a).

The appeal is upheld. A is to be reinstated in her finishing position and the results of the race are to be adjusted accordingly.