USA Appeal US72
Rule 49.2, Crew Position; Lifelines
Family Hour vs. Zephyros

A crew member briefly leaning out over a boat’s lifelines to hold a spinnaker guy after the pole has been removed in preparation for rounding a mark does not break rule 49.2.
Facts and Decision of the Protest Committee
When approximately 30 seconds from the leeward mark, Zephyros released the spinnaker guy from the spinnaker pole and a crew member held the guy by hand, leaning out over the lifelines so as to maximize the distance between the hull and the guy until the spinnaker had to be lowered. Lifelines were required by the class rules. The protest committee disqualified Zephyros under rule 49.2 and she appealed.

Decision of the Appeals Committee
Rule 49.2 allows the torso of a crew member to be outside the lifelines briefly if the crew is performing “a necessary task.” Without a spinnaker pole, a spinnaker is less efficient and more unstable. As a boat prepares to round a leeward mark, removing the pole is one of the first necessary steps. From that time until the spinnaker is lowered, holding the guy by hand is a less effective but nonetheless useful means of controlling the spinnaker, which remains a “necessary task” even without the pole. This interval of time is normally a brief one, since generally there is no advantage in flying a spinnaker without a pole.

In this case, where there were approximately 30 seconds remaining before rounding the mark, the time between releasing the guy and lowering the spinnaker was necessarily shorter than that, and met the requirement of “briefly.”

Zephyros’ appeal is upheld. The protest committee’s decision is reversed, and Zephyros is reinstated in her finishing place.

December 1996
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