CASE 67

Part 2 Preamble
Rule 69, Allegations of Gross Misconduct

When a boat is racing and meets a vessel that is not, both are bound by the government right-of-way rules. When, under these rules, the boat racing is the keep-clear boat and intentionally hits the other, she may be penalized for gross misconduct.

Summary of the Facts
Under the government right-of-way rules applicable, W, a boat that was racing, was required to keep clear of a sailing vessel to leeward, L, that was not racing. W wished to sail a lower course to a mark and hailed L, which refused to respond. W then intentionally hit L by bumping her boom against L several times, thereby causing damage.

L informed the race committee of W’s behaviour. The race committee protested W, and a hearing was called. W was disqualified for breaking rules 11 and 14. W appealed on the grounds that the racing rules did not apply, and consequently the protest committee was not entitled to disqualify her.

Decision
Appeal dismissed. The preamble to Part 2 of the racing rules makes it clear that, when W met L, W was required to comply with the government right-of-way rules. Moreover, W was also subject to the racing rules other than those of Part 2. W did not observe the government rules and, by intentionally hitting and damaging L, committed a gross breach of not only a rule but of good manners as well.

The decision of the protest committee is upheld, but W is disqualified under the government rule applicable and not under racing rule 11 or rule 14. Both those rules are rules of Part 2 which would have applied only if both boats had been intending to race, or were racing or had been racing. W also committed a gross breach of the government rule and a gross breach of good manners, and the protest committee would have been entitled to call a hearing under rule 69.1

KNWV 2/1982