Situation 1
A boat in an IRC class requests redress for a finishing time made significantly worse by an improper action of the race committee. The protest committee concludes that the action of the race committee was indeed improper. It also found that the other requirements in rule
62.1 were met and therefore decided that the boat was eligible for redress.
The hearing was adjourned to after racing on the following day as the protest committee wanted to take evidence from 4 other boats in the fleet to see whether redress should also be given to them under rule
64.2. The following day was the last day of the event.
However, when looking at the scoring after the final day of racing, the boat requesting redress found that the outcome of the hearing would make no difference to her overall result, and she decided to withdraw her request for redress.
Question 1
When a redress hearing has been opened, may the boat requesting redress withdraw the request? If so, is there a time limit for that?
Answer 1
A protest committee may allow a request for redress to be withdrawn, even after a hearing has started. Rule
63.1 does not include a time limit for such requests.
The decision about whether to allow the withdrawal is for the protest committee. If the requester realizes that the request has little chance of succeeding, there is normally no point in continuing with the hearing. However, if other boats may be entitled to redress, the hearing should continue.
When a hearing has been conducted and the protest committee is faced with making a decision, they are bound by rule
64. Rule
64.2 says that when the protest committee decides that a boat is entitled to redress under rule
62, it shall make as fair an arrangement as possible for all boats affected.
Situation 2
A protest committee begins a protest hearing, but finds it necessary to adjourn it to the next day.
Question 2
May the protest committee allow the protestor to withdraw the protest when the hearing resumes on the second day?
Answer 2
Yes. A protest committee may allow a protest to be withdrawn at any time before or during a hearing. There could be many good reasons for allowing a withdrawal, for instance, it may be that the protestor realizes that the wrong boat is being protested, that the protest is not valid, or that the protestee has taken an appropriate penalty.
However, if for example the protestor may have broken a rule but has not taken a penalty, or if there was contact between boats, or damage or injury, then the withdrawal should not be allowed.