ISAF Pravidlá jachtngu

CASE 135

Definitions, Keep Clear
Rule 44.1(b), Penalties at the Time of an Incident: Taking a Penalty trestu
Rule 62.1(b), Redress

Discussion of the decisions that a protest committee must make if a boat breaks a rule of Part 2 by failing to keep clear, and the right-of way boat, or a third boat, requests redress under rule 62.1(b).

Facts for Question 1

Two dinghies, P on port tack and S on starboard tack, are on a collision course on a beat to windward in strong wind (more than 20 knots). P holds her course and, when it becomes clear to S that P is not keeping clear, S immediately and rapidly tacks onto port tack to avoid P. Despite S’s attempt to avoid P, there i s contact between the boats, but it does not cause damage. However, while tacking to avoid P, S capsizes and in capsizing, the helmsman falls and damages the tiller. After righting the boat, the tiller cannot be repaired and S retires from the race. S requests redress under rule 62.1(b).

Question 1

Is S entitled to redress if her request is valid?

Answer 1

Rule 62.1(b) does not require physical damage (or injury) to have been caused directly by the boat that was breaking a rule of Part 2. It is sufficient that any physical damage (or injury) was the probable consequence of the action of the boat breaking a rule.

In this incident, the physical damage to S was ‘serious’ because it could not be repaired on the water and, as a result, S retired from the race. Therefore, the ‘appropriate’ penalty for P was to retire (see rule 44.1(b)). S may be entitled to redress, but only if the protest committee follows this two-step procedure.

First, the committee must determine that either P retired from the race after the incident, or P was protested and penalized for breaking the rule of Part 2 in the incident with S. If so, S is entitled to redress provided that the protest committee concludes that

• a collision was probable, and S took avoiding action as soon as it was clear that P was not keeping clear;
• the capsize and the helmsman’s fall were the result of P not keeping clear and not the result of poor seamanship by S; and a
• the damage was not due to the tiller previously having been in poor condition.

Facts for Question 2

Two boats, A and B, are on a collision course in strong winds. A is required to keep clear of B by a rule of Part 2. A holds her course and, when it becomes clear to B that A is not keeping clear, B immediately and rapidly makes a large change in course to avoid A . There is no contact between A and B. However, while manoeuvring to avoid potentially damaging contact with A, B collides with C, a third boat nearby. C is damaged and retires from the race. C requests redress under rule 62.1(b).

Question 2

Is C entitled to redress if her request is valid?

Answer 2

C may be entitled to redress, but only if the protest committee follows this two-step procedure

First, the committee must determine that either A retired from the race after the incident, or A was protested and penalized for breaking a rule of Part 2 in the incident with B. If so, C is entitled to redress provided that the protest committee concludes that

• a collision was probable, and B took avoiding action as soon as it was clear that A was not keeping clear;
• the damage to C was the result of A not keeping clear and not the result of poor seamanship by B; and
• after B began to change course, it was not reasonably possible for C to have avoided the collision and resulting damage.
See also Case 110.