Part 2 Preamble
Rule 69.1, Allegations of Gross Misconduct:
Action by a Protest Committee
When a boat is racing and meets a vessel that is not, both are bound by the government right-of-way rules. When, under those rules, the boat racing is required to keep clear but intentionally hits the other boat, she may be penalized for gross misconduct.
Summary of the Facts
Under the government right-of-way rules applicable, W, a boat that was racing,
was required to keep clear of a sailing vessel to leeward, L, that was not racing.
W wished to sail a lower course to a mark and hailed L, which refused to respond.
W then intentionally hit L by bumping her boom against L several times, thereby
causing damage.
L informed the race committee of W’s behaviour. The race committee protested
W, and a hearing was called. W was disqualified for breaking rules 11 and 14.
W appealed on the grounds that the racing rules did not apply, and consequently
the protest committee was not entitled to disqualify her.
Decision
W’s appeal is dismissed. The preamble to Part 2 of the racing rules makes
it clear that, when W met L, W was required to comply with the government right-of-way
rules. Moreover, W was also subject to the racing rules other than those of
Part 2. W did not comply with the government rules and, by intentionally hitting
and damaging L, committed a gross breach of not only a rule but of good manners
as well.
The decision of the protest committee is upheld, but W is disqualified under
the government rule applicable and not under racing rule 11 or rule 14. Both
those rules are rules of Part 2, which would have applied only if both boats
had been intending to race, were racing, or had been racing. W also committed
a gross breach of the government rule and a gross breach of good manners, so
the protest committee would have been entitled to call a hearing under rule
69.1.
KNWV 2/1982