Protest Committee & Hearing Procedures
No fault of your own and rule 14
Hi all
After the sailing meaning for term "No fault of your own" for Redress?
From what I understand they have to be 100% innocent.
If that's the case is it possible to win the protest and still not be 100% innocent thus not get granted redress?
Four examples & questions assuming the score is worst:
1) If there is a part 2 collision and there is damage and rule 14 applies I would assume "No fault of your own" is false = no redress and DSQ?
2) If there is a part 2 collision and there is damage they are the a right-of-way boat, and was not reasonably possible to avoid would rule 14 = False "No fault of your own" is True = redress maybe granted?
3) If there is a part 2 collision and there is damage they are the a right-of-way boat, and was reasonably possible to avoid rule 14 applies (no exoneration 43.1(c)) I would assume "No fault of your own" is false = no redress and DSQ? Same as question 1
4) I can't think of a example, but if exoneration applies can that create a "No fault of your own" for a redress hearing? and what would that example be?
Many Thanks
Nick Taylor
After the sailing meaning for term "No fault of your own" for Redress?
From what I understand they have to be 100% innocent.
If that's the case is it possible to win the protest and still not be 100% innocent thus not get granted redress?
Four examples & questions assuming the score is worst:
1) If there is a part 2 collision and there is damage and rule 14 applies I would assume "No fault of your own" is false = no redress and DSQ?
2) If there is a part 2 collision and there is damage they are the a right-of-way boat, and was not reasonably possible to avoid would rule 14 = False "No fault of your own" is True = redress maybe granted?
3) If there is a part 2 collision and there is damage they are the a right-of-way boat, and was reasonably possible to avoid rule 14 applies (no exoneration 43.1(c)) I would assume "No fault of your own" is false = no redress and DSQ? Same as question 1
4) I can't think of a example, but if exoneration applies can that create a "No fault of your own" for a redress hearing? and what would that example be?
Many Thanks
Nick Taylor
Created: Today 10:28
Comments
Format:
You must be signed in to add a comment.
In all cases, exoneration for breaking RRS 14 is self-excluding based on damage (no RSS 43.1(c) exoneration available).
So, if the damaged boat is found to have broken RRS 14, she will not be exonerated and will be DSQ'd. Based upon that, she has fault in the damage.
PS: It's important that the damage effected the ability of the boat to competed in some way. It's not just "any damage". One has to tie the aspects of the damage directly to the effect on the boat's ability to compete that results in her score being made significantly worse. Being slowed by only the incident itself is not sufficient ... even if damage occurred.
If there is any collision or contact RRS 14 will apply.
Sometimes it will be not reasonably possible for one boat to avoid contact. For example it is not reasonably possible for a boat that is not given room to keep clear to avoid contact, and there will be no fault of her own.
If it was non reasonably possible for any boat to avoid contact then she does not break RRS 14.
Consider, for example, a leeward boat on the same tack, fairly close and the windward boat initially keeping clear. The windward boat, by accident, suddenly bears away radically, too fast for the leeward boat to avoid. It was not reasonably possible for the leeward boat to avoid contact.
I don't see any need to make any assumptions. If there is contact and it was reasonably possible for a boat to avoid that contact, she breaks RRS 14. If the contact causes damage or injury a right of way boat is not exonerated by RRS 43.1(c).
In this case there is fault of the boat's own.
The <damage=no exoneration> switch off only applies to damage caused by a contact, and we would normally be talking about redress under RRS 61.4(b)(2), score made worse by damage. It may be that redress might be grounded on some other condition in RRS 61.4(b).
If the PC decides that it was reasonably possible for a boat to avoid contact but she was RoW, or sailing within the room or mark-room to which she was entitled then she has broken RRS14 but will not be penalised unlees there is damage (any damage, even minor) or injury (exoneration means not being penalised for an infringement). However, the contact was, at least in part, through fault of her own.
Note that there are 3 distinct levels of damage in RRS:
- any damage, however minor, that prevents exoneration for a breach of RRS 14
- damage serious enough to prevent a boat from taking a penalty at the time of the incident
- damage that makes a boat' score or place significanly worse.
WS has always been careful not to define clearly a definition of damage.
I'm not sure I've seen that one before. Are you referring to a Case or Appeal somewhere?