CASE 20

Rule 1.1, Helping Those in Danger
Rule 62.1(c), Redress

When it is possible that a boat is in danger, another boat that gives help is entitled to redress, even if her help was not asked for or if it is later found that there was no danger.

Summary of the Facts
Dinghy A capsized during a race and seeing this, dinghy B sailed over to her and offered help. A accepted help and B came alongside taking the crew of two aboard. Then all hands worked for several minutes to right A whose mast was stuck in the mud. Upon reaching shore, B requested redress under rule 62.1(c).

The protest committee considered several factors in its decision. First, A’s helmsman was a highly experienced sailor. Secondly, the wind was light, and the tide was rising and would shortly have lifted the mast free. Thirdly, she did not ask for help; it was offered. Therefore, since neither boat nor crew was in danger, redress was refused. B appealed, stating that rule 1.1 does not place any onus on a boat giving help to decide, or to defend, a decision that danger was involved.

Decision
Appeal upheld. A boat in a position to help another that may be in danger is bound to do so. It is not relevant that a protest committee later decides that there was, in fact, no danger or that help was not requested.

RYA 1968/14