CASE 40          

Rule 46, Person in Charge

Unless otherwise specifically stated in the class rules, notice of race or sailing instructions, the owner or other person in charge of a boat is free to decide who steers her in a race, provided that rule 46 is not broken.

Summary of the Facts
In a series, A was entered by the owner, who steered her in race 1. In races 2 and 3 she was steered by another person from whom no entry had been received. The race committee, without a hearing, considered him to be a non-entrant and a non-starter, changed A’s results, and awarded her a non-starter’s points in races 2 and 3.
The relevant class rule 11(e) read: ‘Distribution of duties between helmsman and crew shall be entirely at the discretion of the helmsman, unless otherwise stipulated in the sailing instructions.’
The race committee held that class rule 11(e) did not allow permanent substitution by the crew at the helm for an entire race or races, since the only purpose of that would be to improve a boat’s chances of winning a series. A appealed.

Decision
A’s appeal is upheld. The owner of a boat may appoint another person to steer her. It is the boat that is entered in a race and, unless otherwise specifically provided in the class rules, notice of the race or sailing instructions (which was not so in this case), it is a matter for the owner or other person in charge of her to decide who steers her at any time, provided that rule 46 is not broken. A is to be reinstated in the race results.

RYA 1977/2