CASE 65

Sportsmanship and the Rules
Rule 2, Fair Sailing
Rule 30.3, Starting Penalties: Black Flag Rule
Rule 69.1, Allegations of Gross Misconduct: Action by a Protest Committee

When a boat knows that she has broken the Black Flag rule, she is obliged to retire promptly. When she does not do so and then deliberately hinders another boat in the race, she commits a gross breach of sportsmanship and, therefore, of rule 2.

Summary of the Facts
At the start of race 4, A was clearly about three to four hull lengths on the course side of the starting line. Rule 30.3 was in effect. A, although she knew she was over the line at her starting signal, continued to race and covered B for the first part of the first beat. B protested.

The protest committee confirmed the disqualification of A and, later, acting under rule 69.1 against her helmsman, decided that his behaviour in hindering B was a gross breach of sportsmanship and of rule 2 and excluded him from the series. He appealed.

Decision
Appeal dismissed.

On the facts found by the protest committee, A was correctly disqualified from race 4. The protest committee found as fact that the helmsman knew that he had been on the course side of the starting line at the starting signal; that he had broken rule 30.3; that he was, therefore, disqualified; and that he had seriously hindered another boat in the race. The protest committee acted properly under rule 69.1 in excluding the helmsman from the series.

RYA 1984/7