Q&A 2013-030

Rule 62.1(b), Redress
Rule 64.1(b), Penalties and Exoneration.
The protest committee can not exonerate a boat for the breach of rule 42 under 64.1(a)
Situation
In an incident close to the race committee pin end vessel a boat breaks a rule of Part 2, Section A, and thereby causes the other boat in the incident to either break rule 31 by colliding with the race committee vessel, which was a starting mark, or break rule 42 to avoid colliding with the mark. The boat pumped and sculled to avoid hitting the mark. The on-the-water judges penalized the boat for breaking rule 42. The boat took a two-turns penalty.

Question 1
Provided the above are (simplified) facts found by the protest committee, may the protest committee exonerate the boat for the breach of rule 42 under rule 64.1(a)?

Answer 1
No. The boat was neither compelled to scull nor to pump by the breach of the other boat. It was her own decision to do so in order to avoid touching a mark.

Question 2
If the answer to Question 1 I 'Yes' and the boat is exonerated, may the protest committee give redress to the exonerated boat by removing the yellow flag from the penalty list?

Answer 2
Not applicable.

Question 3
If the answer to Question 2 is 'Yes', may the boat also get redress for places lost due to the penalty taken?

Answer 3
Not applicable.

Question 4
Although the requirements of the first sentence of rule 62.1 are met, the requirements of rule 62.1(a), (b) or (c) are not, so if relevant, under what part of rule 62.1 may such redress be given?

Answer 4
Such redress cannot be given, as the situation described does not meet the requirements of rule 62. Besides, rule P4 limits the possibilities to give redress to a boat for actions by the protest committee under rule P1 to situations where there is a failure to take into account a race committee signal or a class rule.

Question 5
Would rule P4 prevent the protest committee from giving redress?

Answer 5
Yes, see Answer 4.

Question 6
Assuming the conditions and boats were such that there would be a high risk of damage and injury. Could it be judged that the boat was actually giving help under rule 1.1 when breaking rule 42 to avoid damage and injury, and could the boat therefore be eligible for redress under rule 62.1(c)?

Answer 6
No. In the situation described the boat was trying to avoid a collision with a race committee boat that was also mark, which is different from giving help (except to herself or her crew) to any person or vessel that is actually in danger.

This call is valid until: 2016-12-31
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