Rule 1.1, Helping Those in Danger
Rule 62.1(c), Redress
When it is possible that a boat is in danger, another boat that gives help is entitled to redress, even if her help was not asked for or if it is later found that there was no danger.
Summary of the Facts
Dinghy A capsized during a race and seeing this dinghy B sailed over to her
and offered help. A accepted help and B came alongside, taking the crew of two
aboard. Then all hands worked for several minutes to right A, whose mast was
stuck in the mud. Upon reaching shore, B requested redress under rule 62.1(c).
The protest committee considered several factors in its decision. First, A’s
helmsman was a highly experienced sailor. Secondly, the wind was light, and
the tide was rising and would shortly have lifted the mast free. Thirdly, she
did not ask for help; it was offered. Therefore, since neither boat nor crew
was in danger, redress was refused. B appealed, stating that rule 1.1 does not
place any onus on a boat giving help to decide, or to defend, a decision that
danger was involved.
Decision
B’s appeal is upheld. A boat in a position to help another that may be
in danger is bound to do so. It is not relevant that a protest committee later
decides that there was, in fact, no danger or that help was not requested. B
is entitled to redress. The protest committee is directed to reopen the hearing
and to grant appropriate redress following the requirements and advice given
in rules 64.2 and A10.
RYA 1968/14