A new study case for your pillow this week:
CASE 112
Rule 28.1, Sailing the Course
Rule 61.1(a), Protest Requirements: Informing the Protestee
Definitions, Finish
If one boat makes an error in sailing the course, a second boat may notify the first that she intends to protest when the error is made, or at the first reasonable opportunity after the first boat finishes, or at any time in-between.
Assumed Facts
Boat A leaves the first mark of the course on the wrong side. Then, without correcting her error, she sails the remainder of the course correctly and crosses the finishing line from the direction of the last mark. Another boat, B, sees A leave the first mark on the wrong side and decides to protest her.
Question 1
When does A break rule 28.1?
Answer 1
A makes an error when she leaves the first mark on the wrong side. However, rule 28.1 allows her to correct her error at any time before she finishes, but not thereafter. Therefore, A does not break rule 28.1 until she
finishes.
Question 2
Does A finish when she crosses the finishing line?
Answer 2
A finishes provided that she crosses the finishing line in accordance with the definition Finish, whether or not a string representing her track complies with rule 28.1.
Question 3
When must B inform A of her intention to protest?
Answer 3
Rule 61.1(a) requires a boat intending to protest to inform the other boat ‘at the first reasonable opportunity.’ Normally this is done by hailing ‘Protest’ and, when required, displaying a red flag. Although A does not break rule 28.1 until she finishes (see Answer 1), leaving the mark on the wrong side and continuing to sail the course
without correcting her error provides B with a sufficient reason to decide to protest her. In this situation, therefore, B may notify A of her intention to protest when A leaves the mark on the wrong side, or at the first
reasonable opportunity after A finishes, or at any time in-between.
RYA 2003/4
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