55. Facts found:  As shown at left, Fearsome Flosser, Bicuspid and Rum Line were approaching the finish line on a dead run in about 3 knots of breeze and flat water. All three were aiming to finish at the RC boat end. Bicuspid and Rum Line were overlapped on starboard tack. Fearsome Flosser was on port tack and overlapped with Bicuspid. Fearsome Flosser and Rum Line were also overlapped since the boat between them (Biscuspid) overlapped both Fearsome Flosser and Rum Line. Fearsome Flosser called for mark-room at the RC boat about 5 lengths from the line.

Bicuspid denied mark-room to Fearsome Flosser on the grounds that the RC boat was not a mark, and that FF was not entitled to make Rum Line give more mark-room. Fearsome Flosser nearly hit both Bicuspid and the RC boat before gybing away and passing on the wrong side of the RC boat. Fearsome Flosser immediately lodged a valid protest and also requested redress.

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Decision:  The definition defines a mark as "An object the sailing instructions require a boat to leave on a specified side, and a race committee vessel surrounded by navigable water from which the starting or finishing line extends." Nothing in rule 18 excludes finish marks from its protections. Thus, these boats were subject to rule 18 which required both Bicuspid and Rum Line to give mark-room so that Fearsome Flosser would be able pass on the right side of the RC boat. Since Bicuspid made no attempt to use what room there was between her and Rum Line, and no attempt to get Rum Line to give more room, Bicuspid has infringed rule 18 and is DSQ. Fearsome Flosser's protest is upheld.
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Fearsome Flosser also requested redress under rule 62.1. This request is denied since rule 62.1 only provides for redress as follows:
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"62.1 A request for redress shall be based on a claim that a boat’s score in a race or series has been or may be, through no fault of her own, been made significantly worse by
(a) an improper action or omission of the race committee, protest committee organizing authority, equipment inspection committee or measurement committee for the event, but not by a protest committee decision when the boat was a party to the hearing;
(b) injury or physical damage because of the action of a boat that was breaking a rule of Part 2 or of a vessel notracing that was required to keep clear;
(c) giving help (except to herself or her crew) in compliance with rule 1.1, or
(d) an action of a boat, or a member of her crew, that resulted in a penalty under rule 2 or a penalty or warning under rule 69.2(c)."
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Al's opinion: In fact, in such light winds, Fearsome Flosser should probably have held her course and tried to force the needed room. This would likely not have caused damage and would have saved her about 20 positions in the race.

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Case #56
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