PART 3
If a race committee believes from its observations that a boat has not sailed the course correctly, it may protest the boat for that breach as permitted by rule 60.2(a). In this case, the race committee did not protest Iris. Because Iris had not been protested for failing to sail the course correctly, she could not be penalised for that failure.
One of the problems of these decisions is that competitors are even less aware of them than are protest committees, and the request for redress that is submitted following an improper DNF or DSQ will often address itself only to the broader issue of whether rule 28.1 had been broken with regard to a course mark, which then invites the protest committee to consider that as the ‘incident’. I believe that, given the clear guidance of the cases, a protest committee should not stray down that path, but should stick to the narrow issues of whether the boat did finish, as defined, and whether the race committee had any power to disqualify her or score her DNF.
It may be that no boat sails the correct course, and yet the race is valid. At a junior event, I was on a RIB on one course when the race officer from another course motored across to me. The sailing instructions specified an ‘outer loop’ trapezoid course, but all the fleet sailed an ‘inner loop’ course. Was his intention to take no action correct? I agreed with him. There had been a perfectly fair race. None of the reasons for abandonment in rule 32.1 applied. The last mark of the course was the same for both courses, and all boats had rounded it before finishing. So if the race committee had wanted to act, it would have had to have protested all the fleet. Rule 60.2 says that race committee protests are optional, not compulsory. No boat would have been able to ask for redress, since there was no improper action of the race committee, and all the fleet was at fault in sailing the wrong course. The only risk was of a valid protest from (presumably) a boat with a poor finishing position hoping to do better if the outcome were after all the abandonment of the race and a resail, a bridge to be crossed if we came to it, which we did not1
. Marks that go astray
RYA 2010/2 says that when a mark goes missing, rule 28 is not complied with by rounding its vacant position. This would normally lead to abandonment or redress based on known rounding positions earlier in the race.
When one mark of a gate disappears, rule 28.2(c) cannot be complied with. However, if, using their initiative, all the fleet round the remaining buoy (either to port or starboard) and complete the rest of the course without complaint, letting the result stand may be the best outcome whether or not redress is sought. But the more boats react differently, the more likely that abandonment is appropriate. Race committees are advised to use a sailing instruction stating the required side (presumably to port on dinghy courses) for a remaining mark when the other disappears, to avoid the possible loss of an otherwise satisfactory race.
When a gate mark has simply drifted downwind (or down-tide), so that the gate is roughly end-on to the previous leg, the principle in WS 82 applies to allow boats to pass through it in either direction. But if the mark has drifted so far that it is no longer clear that the two marks form a gate, it is not a gate, and the situation is as above when a gate mark disappears.
1 The situation appears to slip between the cracks of the first and second sentences of rule 35. However, the second sentence of rule 90.3(a) – a rule not directly aimed at this situation and not one I thought about at the time – might be problematical.
RYA The Racing Rules Explained 133
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