Question:
In light of the facts described below, where boat Y was pushed over the starting line before the starting signal by boat X, which failed to keep clear from astern, how should the Protest Committee act in response to a request for redress submitted by Y?
Which Racing Rules of Sailing (RRS) and Cases or Interpretations from the World Sailing Case Book could be cited to support a possible decision by the Protest Committee to cancel the UFD penalty and reinstate Y in the race results?
Facts Found:
10 seconds before the starting signal (Uniform flag displayed), boat Y, on starboard tack, was stationary, positioned near to leeward of the starting line and about few meters to port of the race committee boat.
Boat X, also on starboard tack and clear astern of Y, was approaching from behind. X failed to keep clear and made contact with Y’s stern, causing Y to be pushed over the starting line before the starting signal.
The Race Committee identified Y as being over the line during the period before the start and scored her UFD under Rule 30.3.
Immediately after the contact, Y maneuvered back to the pre-start side of the line and successfully started from the correct side.
The PC should start the Redress hearing, and then protest X and hold that hearing, and then if they DSQ X, there are grounds to exonerate Y and require the RC to change the scoring.
Here are the applicable rules.
43.1 (a) When as a consequence of breaking a rule a boat has compelled another boat to break a rule, the other boat is
exonerated for her breach.
43.2 A boat exonerated for breaking a rule need not take a penalty and shall not be penalized for breaking that rule.
61.4(b)
(5) an action of another boat, or a crew member or support person of that boat, that resulted in a penalty under rule 2
or a penalty or warning under rule 69.
90.3
(d) The race committee shall implement scoring changes directed by the protest committee or national authority as a result of decisions made in accordance with the rules.
John
A successful protest of boat X, or their acceptance of a penalty for the incident, would help her case, for sure.
World Sailing Case 140, particularly Question 1, provides some good insight into this situation.