CASE 68

Definitions, Racing
Part 2, Preamble,
Rule 62.1, Redress

The failure of a race committee to discover that a rating certificate is invalid does not entitle a boat to redress. A boat that may have broken a rule and that continues to race retains her rights under the racing rules, including her rights under the rules of Part 2 and her rights to protest and appeal, even if she is later disqualified.

Facts

In a long distance race, boat A protested boat B under a rule of Part 2 and B was disqualified.

B requested redress. She stated that it had come to light in a protest hearing after an earlier race that A had failed to revalidate her rating certificate and therefore had been ineligible to enter the long distance race. B further claimed that, since A was ineligible when she entered that race, she was not racing in it; therefore B had no reason to take a penalty or retire, nor did A have the right to protest under rule 60.1.

The protest committee denied B’s request for redress, stating that the invalidity of A’s rating certificate did not change the fact that she was racing within the terms of the definition and so was entitled to her rights under the rules of Part 2 and her right to protest under rule 60.1. B appealed.

Decision

B’s appeal is dismissed. The failure of the race committee to discover the invalidity of A’s rating certificate and prevent her from racing was not an omission which worsened B’s finishing place within the meaning of rule 62.1(a). Therefore, the protest committee properly denied B’s request for redress.

A was a boat ‘intending to race’ prior to her preparatory signal and a boat ‘racing’ thereafter. The rules of Part 2 applied to her and to all other boats that were racing (see the preamble to Part 2). The principles of sportsmanship require a boat to take a penalty when she realizes that she has broken a rule, but if she continues racing she retains her rights under the racing rules, including her rights under the rules of Part 2 and her rights to protest and appeal. The rules of Part 2 govern all boats that are racing, whether or not one of them is later disqualified for some reason.

CAN 1978/40