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 room at the RC boat about 5 lengths from the line.

Bicuspid denied 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 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 latest 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." Thus, these boats were subject to rule 18 which required both Bicuspid and Rum Line to make room for Fearsome Flosser to 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 if
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"a boat's finishing place in a race or series has, through no fault of her own, been made significantly worse by
(a) an improper action or omission of the race committee or protest committee,
(b) physical damage because of the action of a boat that was breaking a rule of Part 2 or of a vessel not racing that was required to keep clear,
(c) giving help (except to herself or her crew) in compliance with rule 1.1, or
(d) a boat against which a penalty has been imposed under rule 2 or disciplinary action has been taken under rule 69.1(b)(Gross Misconduct)."
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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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