Case 40
Rule 46, Person in Charge
Rule 75.1, Entering a Race
Unless otherwise specifically stated in the class rules, notice of race or sailing instructions, the owner or other person in charge of a boat is free to decide who steers her in a race, provided that rule 46 is not broken.
Facts
In a series, A was entered by the owner, who steered her in race 1. In races 2 and 3 she was steered by another person from whom no entry had been received. The race committee protested her, alleging that she had broken class rule 11(e) in races 2 and 3. Class rule 11(e) read: "Distribution of duties between helmsman and crew shall be entirely at the discretion of the helmsman, unless otherwise stipulated in the sailing instructions."

The protest committee decided that A was a non-entrant and a non-starter in races 2 and 3 and scored her DNS in those races, stating that class rule 11(e) did not allow permanent substitution by the crew at the helm for an entire race or races, since the only purpose of that would be to improve a boat's chances of winning a series. A appealed.

Decision
A's appeal is upheld. The owner of a boat may appoint another person to steer her. It is the boat that is entered in a race (see rule 75.1) and, unless otherwise specifically provided in the class rules, notice of race or sailing instructions (which was not so in this case), it is a matter for the owner or other person in charge of her to decide who steers her at any time, provided that rule 46 is not broken. A is to be reinstated in the race results.
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