CASE 100

Rule 1.1 Helping Those in Danger
Rule 41 Outside Help

When a boat is not in danger, advice that she seeks and receives that will help her to complete the race is outside help, even if it is sought and received on a public radio channel.

Summary of the Facts
Three large boats were to round a mark near coastal rocks and then sail into a 6-knot current. The wind was light. Boat A radioed to Boat B, whose skipper was more familiar with the area, asking whether it was safe to anchor in the vicinity of the mark. Boat B replied that it was not safe to anchor. Boat C protested both boats under rule 41, for discussing what tactics were to be used for rounding the mark and sailing the next leg. The protest committee dismissed the protest against B and disqualified A for receiving outside help. It noted that she was not in danger, as she could have sailed or motored away from the mark in perfect safety at any time, and that the only reasons for anchoring at the mark were to overcome the adverse current and to win the race.
Boat A appealed, on the grounds that she did not believe she had received help, that advice given via a public radio frequency was not outside help, and that a national authority should not condone disqualification for receiving safety information.

Decision
Appeal dismissed. Boat A requested and received outside help. Her request for advice was not made for reasons of safety such as danger or illness or injury of a crew member but for tactical racing reasons. The help she sought and received did not come within the scope of rule 1.1 or of the exceptions to rule 41, and therefore she broke rule 41.
The fact that the question and answer were broadcast on a public frequency is irrelevant. The answer was advice communicated to A in reply to her specific question.

RYA 2001/4