CASE 68

Rule 62.1, Redress
Definitions, Racing

The failure of a race committee to discover that a rating certificate is invalid does not entitle a boat to redress. A boat that may have broken a rule and that continues to race retains her rights under the rules of Part 2 and her right to protest or appeal, even if she is later disqualified.

Summary of the Facts
In a long distance race, boat A protested boat B under a rule of Part 2 and boat B was disqualified.

B requested redress. She stated that it had come to light in a protest hearing after an earlier race that A had failed to revalidate her rating certificate and therefore had been ineligible to enter the long distance race. B further claimed that since A was ineligible when she entered that race she was not racing in it; therefore B had no reason to take a penalty or retire, nor did A have the right to protest under rule 60.1.

The protest committee refused B’s request for redress, holding that the invalidity of A’s rating certificate did not change the fact that she was racing within the terms of the definition and so was entitled to her rights under Part 2 of the racing rules. B appealed.

Decision
Appeal dismissed. The failure of the race committee to discover the invalidity of A’s rating certificate and prevent her from racing was not an improper omission which worsened B’s finishing place within the meaning of rule 62.1, and the protest committee properly denied B redress. A was a boat ‘intending to race’ prior to her preparatory signal and a boat racing thereafter. The rules of Part 2 applied to her and to all other boats that were racing. The principles of sportsmanship obligate a boat to take a penalty or retire when she realizes that she has broken a rule, but if she continues racing she retains her rights under the rules of Part 2 and also her rights to protest and appeal. The rules of Part 2 govern all boats that are racing, whether or not one of them is thereafter disqualified for any reason.

CYA 1978/40