CASE 34
Rule 2, Fair Sailing
Rule 62.1(d), Redress
Rule 69.2, Misconduct: Action by a Protest Committee
Hindering another boat may be a breach of rule 2 and the
basis for granting redress and for action under rule 69.2.
Facts
As the sixth and final race of a championship series began, A’s accumulated
score was such that the only way she could lose the prize was for B to finish
ahead of her and among the first three of the 48 competitors. A crossed the
line early and was recalled by loud hailer. About 70 to 100 metres beyond
the starting line, she turned back, but she had sailed only some 20 to 30
metres towards the line when she met B, which had started correctly. Instead
of continuing towards the pre-start side of the line A turned and began to
hinder B by covering her closely.
The race committee hailed A again that she was still above the line and
received a wave of acknowledgement in return, but A continued to sail the
course, hindering B throughout the windward leg. When A and B reached
the windward mark, they were last but one and last respectively, whereupon
A retired. B ultimately finished in 22nd place.
Decision
A’s appeal is dismissed. It is clear from the facts found that A knew she had
not started as required by rule 28.1, and that she chose not to do so. Facts
are not subject to appeal. The protest committee’s decision was appropriate.
B could have requested redress and was entitled to receive it under rule
62.1(d).
The facts show a breach of sportsmanship and, therefore, of rule 2. The
protest committee could also have called a hearing under rule 69.2, as a
result of which it could have disqualified A from the entire series or taken
other action under rule 69.2(h).
A would not have broken rule 2 if she had returned to the pre-start side of
the starting line and started and, after having done so and without
intentionally breaking any rule, she had managed to overtake and pass B
and then closely covered her.
See Case 78.
NOR 1975/1