CASE 67
Part 2, Preamble
Rule 69.1, Misconduct: Action by a Protest Committee
When a boat is racing and meets a vessel that is not, both
are bound by the government right-of-way rules. When,
under those rules, the boat racing is required to keep clear
but intentionally hits the other boat, her helmsman commits
an act of misconduct.
Facts
Under the government right-of-way rules applicable, W, a boat that was
racing, was required to keep clear of a sailing vessel to leeward, L, that was
not racing. W wished to sail a lower course to a mark and hailed L, which
refused to respond. W then intentionally hit L by bumping her boom against
L several times, thereby causing damage.
L informed the race committee of W’s behaviour. The race committee
protested W, and a hearing was called. W was disqualified for breaking rules
11 and 14. W appealed on the grounds that the racing rules did not apply,
and consequently the protest committee was not entitled to disqualify her.
Decision
OW’s appeal is dismissed. The preamble to Part 2 of the racing rules makes
it clear that, when W met L, W was required to comply with the government
right-of-way rules. Moreover, W was also subject to the racing rules other
than those of Part 2. W did not comply with the government rules and, by
intentionally hitting and damaging L, her helmsman committed an act of
misconduct (see rules 69.1(b)(1) and 69.1(b)(2)).
The decision of the protest committee is upheld, but W is disqualified under
the government rule(s) applicable and not under racing rule 11 or rule 14.
Both those rules are rules of Part 2, which would have applied only if both
boats had been intending to race, were racing, or had been racing. W’s
helmsman also committed an act of misconduct, so it would have been
appropriate for the protest committee to call a hearing under rule 69.2.
NED 2/1982