Facts for Questions 1,2, and 3
The rules of Part 2 apply between boats A and B. B is required to keep clear of A. However, B collides with A, turning A 180 degrees before she is able to continue sailing to the next mark. A loses five finishing places because of the incident. She protests B and requests redress under rule <%= rule_link('61.4') %>(b)(2). During the hearing, A’s protest is upheld and B is penalized. The protest committee also finds that there was physical damage to A but that the damage itself did not affect her ability to proceed in the race at normal speed.
Question 1
Is A entitled to redress?
Answer 1
No. Under rule <%= rule_link('61.4') %>(b)(2), the damage itself must be the reason a boat's score is made significantly worse. In this case the damage had no effect on A's score.
Question 2
Must contact between the boats occur in order for redress to be granted under rule <%= rule_link('61.4') %>(b)(2)?
Answer 2
No. A boat that suffers injury to a member of her crew or physical damage while acting to avoid contact with a boat that has broken a rule of Part 2 may be entitled to redress if the injury or damage is found to have made her score significantly worse and was not her fault. See also Case <%= case_link('135') %>.
Question 3
If there had been no collision because A had been able to avoid B by changing course 180 degrees, but A lost five places as a result, would she have suffered “injury” or “damage” as those terms are used in rule <%= rule_link('61.4') %>(b)(2)?
Answer 3 No. In rule <%= rule_link('61.4') %>(b)(2), "injury" refers only to bodily injury to a person, and “damage” is limited to physical damage to a boat or her equipment. See also Case <%= case_link('19) %>.
Facts for Question 4
The facts are the same as for Questions 1, 2 and 3 except that B is a vessel not racing that was required to keep clear or was determined to be at fault under the IRPCAS or a government right-of-way rule, and A requests redress under rule
<%= rule_link('61.4') %>(b)(3):
The rules of Part 2 do not apply between boats A and B. B is a vessel not racing. The IRPCAS apply between A and B. Under a rule in the IRPCAS, B is required to keep clear of A. However, B collides with A, turning A 180 degrees before she is able to continue sailing to the next mark. A loses five finishing places because of the incident. A requests redress under rule 61.4(b)(3). During the redress hearing, the protest committee finds that a rule in the IRPCAS did require B to keep clear of A and that B was at fault under that rule. The protest committee also finds that there was physical damage to A but that the damage itself did not affect her ability to proceed in the race at normal speed.
Question 4
Would the answers to Questions 1, 2 and 3 be the same?
Answer 4
Yes.
USA 1996/73 and 2007/98