Rule 62.1, Redress
Definitions, Racing
The failure of a race committee to discover that a rating certificate is invalid does not entitle a boat to redress. A boat that may have broken a rule and that continues to race retains her rights under the rules of Part 2 and her right to protest or appeal, even if she is later disqualified.
Summary of the Facts
In a long distance race, boat A protested boat B under a rule of Part 2 and
boat B was disqualified.
B requested redress. She stated that it had come to light in a protest hearing
after an earlier race that A had failed to revalidate her rating certificate
and therefore had been ineligible to enter the long distance race. B further
claimed that since A was ineligible when she entered that race she was not racing
in it; therefore B had no reason to take a penalty or retire, nor did A have
the right to protest under rule 60.1.
The protest committee denied B’s request for redress, stating that the
invalidity of A’s rating certificate did not change the fact that she
was racing within the terms of the definition and so was entitled to her rights
under the rules of Part 2 and her right to protest under rule 60.1. B appealed.
Decision
B’s appeal is dismissed. The failure of the race committee to discover
the invalidity of A’s rating certificate and prevent her from racing was
not an improper omission which worsened B’s finishing place within the
meaning of rule 62.1(a). Therefore, the protest committee properly denied B’s
request for redress. A was a boat ‘intending to race’ prior to her
preparatory signal and a boat racing thereafter. The rules of Part 2 applied
to her and to all other boats that were racing. The principles of sportsmanship
require a boat to take a penalty when she realizes that she has broken a rule,
but if she continues racing she retains her rights under the racing rules, including
her rights under the rules of Part 2 and her rights to protest and appeal. The
rules of Part 2 govern all boats that are racing, whether or not one of them
is later disqualified for some reason.
CYA 1978/40