(pillow)Case of the Week (45) - 68

(This is an instalment in a series of blogposts about the ISAF Call book 2009-2012 with amendments for 2010. All calls are official interpretations by the ISAF committees on how the Racing Rules of Sailing should be used or interpreted. The calls are copied from the Call book, only the comments are written by me.)

CASE 68

Rule 62.1(a), Redress
Definitions, Racing

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.

Summary of the Facts
In a long distance race, boat A protested boat B under a rule of Part 2 and boat 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 improper 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. 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.

CYA 1978/40



Same is valid when someone starts to early. They score an OCS – long before the race has finished – or – even that boat is finished. But that still does not mean they can’t protest someone else or that that boat should not be kept clear of when she’s right of way boat.

The case does not state if the boat with the invalid certificate was disqualified after that was discovered. But I think not. A request for redress or a protest for that matter does not permit the PC to go outside the alleged incident.

For that to happen someone should protest her first.