PART 5
This rule 62.1(d) has not been updated to take account of rule 64.4, Decisions Concerning Support Persons. Suppose a support person of Thetis ties a bucket to the underside of Iphigenia, and this affects her finishing score or place when she races. This is detected, and there is action under rule 69 (or a hearing under rule 60.3(d)) against the malefactor. It is found that no other person was involved, specifically neither the crew nor the owner of Thetis. Any penalty will be decided under rule 64.4, rather than under rule 69.2(h), because of rule 69.2(i). Since a warning or penalty under rule 64.4 is not referred to in rule 62.1(d), it does not appear that redress for Iphigenia is possible.
In SC 109, Iris, an Optimist, protested Daffodil under rule 2 for grabbing her (and presumably pushing her where she did not want to go), and requested redress for loss of place. The protest committee found that this had happened, but was not satisfied that Daffodil was the culprit. The protest was dismissed and redress was refused, a decision that was confirmed on appeal. It was not sufficient for the protest committee to be satisfied that rule 2 had been broken by an unidentified boat – to get redress under rule 62.1(d), it is necessary that there was an actual penalty under rule 2.
Again, there must be a causal link between the misconduct and the worsened finishing score. So if there is a Part 2 incident in which the right-of-way boat has lost several places, redress for those places lost will not be due if the other boat has also been the subject of a rule 69.1 hearing and penalty or warning for bad language or abuse in the course of the incident.
62.2
A request shall be in writing and identify the reason for making it. If the request is based on an incident in the racing area, it shall be delivered to the race office within the protest time limit or two hours after the incident, whichever is later. Other requests shall be delivered as soon as reasonably possible after learning of the reasons for making the request. The protest committee shall extend the time if there is good reason to do so. No red flag is required.
It is often the case that the facts giving rise to a request for redress may not be known until after the protest time limit has passed. A typical example is the belated publication of the results of the race or series, in which a boat finds herself wrongly scored or wrongly penalised. Sometimes, this may be some while after the end of the event. The protest committee is no longer present at the regatta site, and time is no longer of the essence. There is good reason for the new or reconvened protest committee not to adhere to the two hours time limit. ‘If it is lodged promptly after the facts are known, this is sufficient good reason for a protest committee to extend the normal time limit1
.’ This is now clearer in the rule itself, which distinguishes between an ‘incident’, to which the specific time limit applies, and ‘other requests’, where delivery need be ‘as soon as reasonably possible’ – conceivably, that could be sooner than a specific time limit.
That quotation came from a case where a scoring issue was not known about until after the event. But when a boat requests redress over an incident she claims affected her series score because of its effect on the score in a single race, the time limit for making the request is the time limit for the race, rather than the time limit based on the posting of the series results. In WS 102, Scruples requested redress at the end of an eight-race series over an incident that had occurred three weeks earlier in race 5 of the series. Her request was found to be out of time. She appealed, on the basis that rule 62 refers to redress being possible for a worsened series score, and she could not know the actual effect of the race 5 incident until the final series results were posted. Her appeal was dismissed. The incident affected her score in the series only through its effect on the score in race 5, and, therefore, the relevant time limit for requesting redress was the time limit that applied to that race.
The rule speaks of ‘two hours after the incident’. What is ‘the incident’? It is easily identified when requesting redress for an improper action or omission of the race committee (rule 62.1(a)), or after having given help (rule 62.1(c)). When there is a related protest, and redress is asked for on the same protest form because of injury or physical damage (rule 62.1(b)) or unfair sailing or gross misconduct (rule 62.1(d), then the request for redress will be in time if the protest is in time.
1 RYA 1989/9. However the RYA has also confirmed as invalid a request concerning the handicap used in the posted results that the requester did not read during the time limit, for lack of reading glasses: he knew from others that there was an issue, he could have asked them for details, and he had time to fetch his glasses. The case (RYA 2010/1) says that the time limit begins even when the posted results are marked ‘Provisional’.
RYA The Racing Rules Explained 193
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