Case 110

Rules
Rule 62.1(b), Redress

Summary:
A boat physically damaged from contact with a boat that was penalized for breaking a rule of Part 2 is eligible for redress only if the damage itself significantly worsened her score or place. Contact is not necessary for one boat to cause injury or physical damage to another. A worsening of a boat’s score or place caused by an avoiding manoeuvre is not, by itself, grounds for redress. ‘Injury’ refers to bodily injury to a person and, in rule 62.1(b), ‘damage’ is limited to physical damage to a boat or her equipment.

Summary:

A boat physically damaged from contact with a boat that was penalized for breaking a rule of Part 2 is eligible for redress only if the damage itself significantly worsened her score or place. Contact is not necessary for one boat to cause injury or physical damage to another. A worsening of a boat’s score or place caused by an avoiding manoeuvre is not, by itself, grounds for redress. ‘Injury’ refers to bodily injury to a person and, in rule 62.1(b), ‘damage’ is limited to physical damage to a boat or her equipment.

Facts:
Boat B is required to keep clear of boat A. However, B collides with A, turning A 180 degrees before she is able to continue sailing to the next mark. A loses five finishing places because of the incident. She protests B and requests redress under rule 62.1(b). During the hearing, A’s protest is upheld and B is penalized. The protest committee also finds that there was physical damage to A but that the damage itself did not affect her ability to proceed in the race at normal speed.

Facts:

Boat B is required to keep clear of boat A. However, B collides with A, turning A 180 degrees before she is able to continue sailing to the next mark. A loses five finishing places because of the incident. She protests B and requests redress under rule 62.1(b). During the hearing, A’s protest is upheld and B is penalized. The protest committee also finds that there was physical damage to A but that the damage itself did not affect her ability to proceed in the race at normal speed.

Question 1:
Is A entitled to redress?

Answer 1:
No. Under rule 62.1(b), the damage itself must be the reason a boat’s score or place is made significantly worse. In this case the damage had no effect on A’s score.

Question 2:
Must contact between the boats occur in order for redress to be granted under rule 62.1(b)?

Answer 2:
No. A boat that suffers injury to a member of her crew or physical damage while acting to avoid contact with a boat that has broken a rule of Part 2 may be entitled to redress if the injury or damage is found to have made her score or place significantly worse and was not her fault. See also Case 135.

Question 3:
If there had been no collision because A had been able to avoid B by changing course 180 degrees, but A lost five places as a result, would she have suffered ‘injury’ or ‘damage’ as those terms are used in rule 62.1(b)?

Answer 3:
No. ‘Injury’ in the racing rules refers only to bodily injury to a person, and ‘damage’ is limited to physical damage to a boat or her equipment.