Rule 2, Fair Sailing
Rule 62, Redress
Rule 69.1, Allegations of Gross Misconduct: Action
by a Protest Committee
Hindering another boat may be a breach of rule 2 and the basis for granting redress and for action under rule 69.1.
Summary of the Facts
As the sixth and final race of a championship series began, A’s accumulated
score was such that the only way she could lose the prize was for B to finish
ahead of her and among the first three of the 48 competitors. A crossed the
line early and was recalled by loud hailer. About 70 to 100 metres beyond the
starting line, she turned back, but she had sailed only some 20 to 30 metres
towards the line when she met B, which had started correctly. Instead of continuing
towards the pre-start side of the line A turned and began to hinder B by covering
her closely. The race committee hailed A again that she was still above the
line and received a wave of acknowledgement in return, but A continued to sail
the course, hindering B throughout the windward leg. When A and B reached the
windward mark, they were last but one and last respectively, whereupon A retired.
B ultimately finished in 22nd place.
Since it was obvious to the race committee that A continued to race solely for
the purpose of hindering B, it protested A under rule 2. A, which had been scored
OCS, was then disqualified for breaking rule 2. She appealed, asserting that
she believed she had returned and started correctly.
Decision
A’s appeal is dismissed. It is clear from the facts found that A knew
she had not started as required by rule 28.1, and that she chose not to do so.
Facts are not subject to appeal. The disqualification of A for breaking rule
2 was appropriate.
A would not have broken rule 2 if she had returned to the pre-start side of
the starting line and started and, after having done so and without intentionally
breaking any rule, she had managed to overtake and pass B and then closely covered
her.
B could have requested redress and was entitled to receive it under rule 62.1(d).
The facts show a gross breach of sportsmanship and, therefore, of rule 2. Such
a deliberate attempt to win by unfair means should be dealt with severely. The
protest committee could also have called a hearing under rule 69.1, as a result
of which it could have disqualified A from the entire series.
NSF 1975/1