Case 67
Part 2 Preamble
Rule 69.2, Misconduct: Action by a Protest Committee
When a boat is racing and meets a vessel that is not, both are bound by the government right-of-way rules. When, under those rules, the boat racing is required to keep clear but intentionally hits the other boat, she commits an act of misconduct.
Under the government right-of-way rules applicable, W, a boat that was racing, was required to keep clear of a sailing vessel to leeward, L, that was not racing. W wished to sail a lower course to a mark and hailed L, which refused to respond. W then intentionally hit L by bumping her boom against L several times, thereby causing damage. 

L informed the race committee of W's behaviour. The race committee protested W, and a hearing was called. W was disqualified for breaking rules 11 and 14. W appealed on the grounds that the racing rules did not apply, and consequently the protest committee was not entitled to disqualify her.

W's appeal is dismissed. The preamble to Part 2 of the racing rules makes it clear that, when W met L, W was required to comply with the government right-of-way rules. Moreover, W was also subject to the racing rules other than those of Part 2. W did not comply with the government rules and, by intentionally hitting and damaging L, committed an act of misconduct (see rule 69.1(b)(1) and 69.1(b)(2)

The decision of the protest committee is upheld, but W is disqualified under the government rule applicable and not under racing rule 11 or rule 14. Both those rules are rules of Part 2, which would have applied only if both boats had been intending to race, were racing, or had been racing. W also committed an act of misconduct, so it would have been appropriate for the protest committee to call a hearing under rule 69.2.

NED 2/1982
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