CASE 55
Rule 70.1, Appeals and Requests to a National
Authority
Definitions, Party
A boat cannot protest the race committee or the protest committee. However,
she may request redress or, if she is a party to a hearing, request that it
be reopened. A boat that was not a party to a hearing does not have the right
to appeal. When she believes that her score has been made significantly worse
by an improper action or omission of the race committee, her only remedy is
to request redress.’ She may then appeal the decision of that hearing.
Summary of the Facts
A ‘protested’ the race committee because of inadequate rescue facilities
in contravention of the club’s constitution. The race committee abandoned
the completed race. B appealed.
Decision
B’s appeal is refused because it cannot be heard under rule 70.1. B does
not have the right to appeal because she was not a party to a hearing. Therefore
her ‘appeal’ is in fact not an appeal but a request for redress
that could have been addressed to and heard by the protest committee.
The following points may assist in the understanding of this case::
- There is no provision in the racing rules under which a boat can protest
the race committee or protest committee. The only actions a boat can take
against one of these committees are to request redress when she claims that
her score in a race or a series of races has been made significantly worse
by an improper action or omission of the race committee or protest committee,
or to ask for a hearing to be reopened under rule 66 when she is a party to
it. In this case, A made no such claim; her ‘protest’ was merely
a criticism of the committee, having no standing under the racing rules.
- Quite apart from the racing rules, a competitor is at liberty to point out
to the race committee that it has made an error. When aware of its error,
the race committee may try to have it taken into account by asking the protest
committee to consider giving redress as permitted by rule 60.2(b).
- If B had been a competitor in the race and had lodged a valid request for
redress claiming that her score had been made significantly worse by the abandonment
of the race, she would have been entitled to a redress hearing at which she
would have been a party. She then could have appealed the decision of that
hearing.
RYA 1982/11