Dinghy A capsized during a race and seeing this dinghy B sailed over to her and offered help. A accepted help and B came alongside, taking the crew of two aboard. Then all hands worked for several minutes to right A, whose mast was stuck in the mud. Upon reaching shore, B requested redress under rule 61.4(b)(4).

The protest committee considered several factors in its decision. First, A's helmsman was a highly experienced sailor. Secondly, the wind was light, and the tide was rising and would shortly have lifted the mast free. Thirdly, she did not ask for help; it was offered. Therefore, since neither boat nor crew was in danger, redress was refused. B appealed, stating that rule 1.1 does not place any onus on a boat giving help to decide, or to defend, a decision that danger was involved.

B’s appeal is upheld. A boat in a position to help another that may be in danger is required by rule 1.1 to do so. It is not relevant that a protest committee later decides that there was, in fact, no danger or that help was not requested. B is entitled to redress. The protest committee is directed to reopen the hearing and to grant appropriate redress following the requirements and advice given in rules  61.4(c)&(d),  and A9.

GBR 1968/14