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  • Jim, Al, I think we would have seen it….notvlwast because it would have required the crew to do something unusual.

    And we might well have seen it at the leeward mark.

    The guess this instance skews my view somewhat: it made diddly squat difference to our national championship result 4th but led to another boat (a witness but not a party) being promoted from sixth to fifth.

    We felt very bad for the sixth placed boat.
    Today 19:24
  • I suppose it goes back to something that Dick Van Eck told me when I started on the international circuit: when writing decisions, use the words from the rule itself. Following on from that, I would use 'change' but would not be upset if someone else did not, as long as the meaning is clear.
    Today 14:13
  • additional facts can be drawn from agreed diagrams.

  • The change of direction to finish may be due to the nature of Case 82. If the SI's clearly write this, then there is no questions or arguments.
    Kim
    Wed 02:44
  • see below.
    RYA 2001/2

    Rule 2,  Fair Sailing
    Rule 60.3(b),  Protests: Delivering a Protest

    When a boat believes that she may have broken a rule and retires in compliance with the Basic Principle, she may revoke her retirement within protest or declaration time if she later realises that she did not in fact break a rule.
    However, if she is not acting in good faith, she breaks rule 2, Fair Sailing.
    ASSUMED FACTS

    Boat A lodged a protest against boats B and C for sailing the wrong course. Boat B did not believe she had done so, but ‘did the sportsmanlike thing’ and retired. Boat C did not retire. Within protest time, boat A checked her facts with the race committee, and found that her protest was unjustified. She withdrew her protest against boat C.

    QUESTION

    Was boat B then entitled to ‘unretire’?

    ANSWER

    The rules are silent with regard to ‘unretiring’. When a boat retires in compliance with rule 44.1, Penalties at the Time of an Incident: Taking a Penalty, for having gained a significant advantage or causing serious damage in the act of touching a mark or breaking a rule of Part 2, that is irrevocable.

    When a boat retires for some other reason, as in this case, and has indicated her retirement either to the race committee or to another boat, she may reverse this decision before the end of protest time or declaration time, whichever is earlier, provided that she has not broken any other rule in the meantime. For instance, retiring during a race, using her engine, and then resuming racing would preclude ‘unretirement’.

    However, if she has no good reason to ‘unretire’, she breaks rule 2, Fair Sailing, and the protest committee should, if necessary, extend the protest time limit for any boats that did not proceed with a protest against her because of her initial retirement.

    Question from Royal Southampton YC

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