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  3. Rule 61.4

Part 5 — When Boats Meet

Section A — Right Of Way

A boat has right of way over another boat when the other boat is required to keep clear of her. However, some rules in Sections B, C and D limit the actions of a right-of-way boat.

61.4

Redress Decisions

(a) The protest committee shall conduct a hearing as required by rule 63 to decide whether to grant redress. (b) A boat is entitled to redress if her score or place in a race or series has been made, or may be made, significantly worse through no fault of her own by (1) an improper action or improper omission of a committee or the organizing authority, but not by a protest committee decision when the boat was a party to the hearing, (2) injury or physical damage because of the action of a boat that was breaking a rule of Part 2 and took an appropriate penalty or was penalized, (3) injury or physical damage because of the action of a vessel not racing that was required to keep clear or is determined to be at fault under the IRPCAS or a government right-of-way rule, (4) giving help (except to herself or her crew) in compliance with rule 1.1, or (5) an action of another boat, or a crew member or support person of that boat, that resulted in a penalty under rule 2 or a penalty or warning under rule 69. (c) If a boat is entitled to redress, the protest committee shall make as fair an arrangement as possible for all boats affected, whether or not they asked for redress. This may be to adjust the scoring (see rule A9 for examples) or finishing times of boats, to abandon the race, to let the results stand or to make some other arrangement. (d) If there is doubt about the facts or probable results of any arrangement for the race or series, especially before abandoning the race, the protest committee shall take evidence from appropriate sources.

Definitions in Context

Keep Clear

A boat keeps clear of a right-of-way boat (a) if the right-of-way boat can sail her course with no need to take avoiding action and, (b) when the boats are overlapped, if the right-of-way boat can also change course in both directions without immediately making contact.

Related Cases

Case 20

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.

Case 31

When the correct visual recall signal for individual recall is made but the required sound signal is not, and when a recalled boat in a position to hear a sound signal does not see the visual signal and does not return, she is entitled to redress. However, if she realizes she is on the course side of the line she must return and start correctly.

Case 34

Hindering another boat may be a breach of rule 2 and the basis for granting redress and for action under rule 69.2.

Case 37

Each race of an event is a separate race. In a multi-class event, abandonment may be suitable for some classes, but not for all.

Case 44

A boat is not permitted to protest a race committee for breaking a rule. However, if she tries to do so, her ‘protest’ may meet the requirements of a request for redress, in which case the protest committee shall treat it accordingly.

Case 68

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 racing rules, including her rights under the rules of Part 2 and her rights to protest and appeal, even if she is later disqualified.

Rule 61.3

A request for redress is invalid if it does not comply with rule 61.2 .

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