Situation
At the preparatory signal in a match race event, the Blue boat (Blue) was outside the line that is at 90 degree angle to the starting line through the starting mark at the port end of the line. Within the two-minute period following the preparatory signal, Blue did not cross and clear the starting line from the course side to the pre-start side. The umpires were prepared to penalise Blue at two minutes before the starting signal, but there was no signal from the race committee. The umpires asked the race committee by radio whether Blue had entered correctly as per rule C4.2 , and the race committee confirmed that Blue had entered correctly.

The Yellow boat (Yellow) displayed a red flag. Blue finished the match a couple of meters in front of Yellow. When Yellow was asked about the red flag, she confirmed that she requested redress because the race committee had not signaled that Blue failed to enter correctly.

In the hearing the race committee gave evidence that contradicted their confirmation in the radio call from the umpires during the match, Blue never did cross and clear the starting line correctly between the preparatory signal and two minutes before the starting signal. The protest committee decided that the race committee had made an error that had a significant effect on the outcome of the match.

Question 1
Is Yellow entitled to redress under the rules in Appendix C?

Answer 1
Yes.

If one or both boats fail to comply with rule C4.2, the race committee is required under rule C3.1 to display the blue or yellow flag or both from the end of pre-start entry time until the umpires have signaled a penalty or for one minute, whichever is the earlier. The failure to display the blue flag when Blue did not comply with rule C4.2 is an omission of the race committee that gives Yellow the right to request redress under rule 62.1(a).

The fact that the umpires did not signal a penalty under rule C8.2  is not grounds for requesting redress – rule C9.3  applies to this non-action. However, rule C9.3 relates only to the action or non-action by the umpires, not by the race committee.

Question 2
Do rules C8.2 and C9.3 prevent the protest committee from giving redress?

Answer 2
No, see Answer 1.

Both rules C8.2 and C9.3 govern the action or non-action by the umpires, not the race committee. The requirements of rule C3.1 specifically relate to starting signals displayed by the race committee, not the umpires, and a protest committee may give redress for an improper action or omission of the race committee under this rule.

Question 3
If Yellow displayed the red flag too late and the request was invalid (rule C6.3 ), could the protest committee initiate a redress hearing?

Answer 3
Yes.

Under rule 60.3(a), a protest committee may call a hearing to consider redress. The race committee could also request redress for a boat under rule 60.2(b).

Question 4
May the umpires signal a penalty under rule C8.2 when a boat has broken rule C4.2 but there has been no signal from or communication with the race committee about the matter?

Answer 4
Yes.

When the umpires decide that a boat has broken rule C4.2, she shall be penalized under rule C8.2. This requirement applies whether or not the race committee has displayed the flag under rule C3.1.

Any other communication from the race committee is not relevant under the rules, but may provide useful information assisting the umpires to decide whether rule C4.2 has been broken.