Feedback on Redress
Protests from the Nationals
All, following on from the nationals the
chair of the protest committee (Bill
Handley) has provided the below very useful feedback
to assist us in future cases. It makes very interesting
reading, some of you may already know all this stuff
but I personally found it very imformative. Bill is
willing to field any further questions should anyone
have them. Contact
Bill >>>
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Hi
Nick Rawlings has passed on thanks for our efforts at
the recent UK nationals - much appreciated. As you may
be aware I was doing Asst Course Setter during the day
and chairing the Protest Committee in the evening.
On the whole the fleet were a great bunch but they do
seem to have a collective misunderstanding regarding
seeking redress for damage sustained as result of another
boat breaking a part 2 rule. I guess due to the closing
speed of two MPS's damage of some sort is almost inevitable
in the event of a coming together so an understanding
of the issues might be a good idea.
Rule 62.1(b) states that a boat can request redress
if her score has been made significantly worse through
no fault of her own as a result of injury or physical
damage sustained because of the actions of a boat that
was breaking a Part 2 (When Boats Meet) rule. It follows
that as facts the Protest Committee has to establish the 5 following
points -
1. The other boat was breaking a part 2 rule.
2. The boat seeking redress was not (even in part) at
fault.
3. Damage has been sustained.
4. The boats result has been made significantly worse
than it would have been.
5. The worsening mentioned in 4 was a direct result
of the damage mentioned in 3.
Whilst points 3-5 can be established in a redress hearing
by evidence, points 1& 2 can only really be established
in a protest hearing where the Protest Committee will hear both sides
of the story and find as facts the redress requirements
of these points - see RYA Case 1996/8. For this reason
it is essential that the boat that feels she was in
the right must hail "protest" at the time
of the incident and go through with the protest when
she comes ashore as well as seeking redress. Unless
points 1&2 are established as facts then the basis
of redress is missing and the Protest Committee can't go on to consider
points 3-5 let alone try to decide what redress should
be given under rule 64.2.
The fact that the other boat retires or takes a one
turn penalty is irrelevant, there is still the need
to protest. The boat breaking the part 2 rule will not
be penalized further if she has taken an appropriate
penalty but the protest is needed for the reasons already
stated. In any event the Protest Committee may decide to increase the
penalty if appropriate - the retirement could be "upgraded"
to a DNE if the breaking of the rule was deliberate
and therefore rule 2 was also broken or more likely
the turns penalty will prove to be not available under
rule 44.1(b) if the damage is serious or there is injury
and the boat will be scored DSQ.
We had to throw out a couple of requests because of
variations on the above theme which leaves a bad taste
in the mouth as had things been done correctly we may
well have been able to grant redress. The Protest Committee has no
discretion in this no matter how sympathetic they may
feel towards the competitor as rule 85 requires the
Protest Committee to act according to the rules and nothing else. This
misunderstanding may well be due to decisions taken
by Protest Committees at minor meetings who quite frankly didn't know
their job but at the nationals things have to be done
correctly if a class is to be taken seriously.
I am not sure how the MPS class gets information and
points of education like this around it's members, perhaps
your class judge would be a good starting point. Any
way if you need any further assistance in the matter
please feel free to be in touch.
Bill Handley
National Judge
PS If I wasn't turning 60 next year I would buy an MPS
like a shot.
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Following this I asked if 2 protests needed
to be lodged; one for the incident and one for redress;
Bill responded ...
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The answer to your question is that you
only need to put in the protest against the other boat
and when you do tick the boxes on the front of the front
of the form for "Protest" and "Request
for redress"(top left and top right boxes). Technically
all you need to do is to protest and the Protest Committee
should offer redress if they find as a fact that you
were damaged by a boat breaking apart 2 rule and all
the other requirements of rule 62 are met but ticking
the redress box as well is a good policy.
If you get any technical queries from members I am always
happy to answer them direct by email.
Bill Handley Contact
Bill >>>
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