going by the rules - protests

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We’re Unhappy!Start SectionStart show

We’re unhappy!

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A unhappy boat can

• Protest another boat or boats

• Request redress

The outcome of a protest is that the protest committee decides

• that the protestee, OR the protestor, OR both broke a rule. There will be a penalty (usually disqualification) unless the boat was compelled to break a rule because another boat also broke a rule: OR

• that no boat in the hearing broke a a rule. The protest will be dismissed

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A unhappy boat can

• Protest another boat or boats

• Request redress

The outcome of a request for redress is that the protest committee decides

• that a boat lost places in a race or series through no fault of her own, but only in a limited range of circumstances: all boats so affected are to be compensated (but not rewarded) with an improved score or improved time, and sometimes by abandonment of the race – what ever is as fair as possible for all boats affected: OR

• that no boat, the requester included, is entitled to redress

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Q. Can a boat protest even if she has retired from a race?

A. Yes, as long as her protest meets validity requirements. And while she continues to race, even if apparently having been in clear breach of a rule, she maintains all her rights under the rules

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Q. Can one boat protest another boat even if the other boat has ‘done turns’?

A. Yes. If the protest is valid, the protest must be heard. If the protest is upheld, the protest committee will

• decide not to penalise if the turn or turns were done properly and were appropriate for the infringement

• decide to penalize if the turn or turns were not done promptly after getting clear of other boats as soon as possible

• decide to penalize if the turn or turns were not available for the infringement (sailing the course, or breaking class rules, for example)

• decide to penalize if the boat that broke a rule also caused injury or serious damage, or gained a significant advantage in the race or series by her breach, or sailed unfairly

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Q. Can a boat protest another boat that has retired from the race?

A. Yes

Q. Why might she want to protest a boat that has taken turns or retired?

A. If she has been damaged, she may also be asking for redress, and the protest hearing will help to establish the facts. She may also need a statement of facts found to support an insurance claim. If the other boat has retired (even if she was forced to do so because of damage or injury), she has taken a penalty, and cannot be penalized further, but that does not prevent the hearing going ahead and facts being found

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Q. Can a boat proceed with a protest, even though she has already been disqualified in an earlier protest over an incident in the same race?

R. Yes. No rule prevents this, and the protested boat can be penalized

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Q. Can a boat protest the race committee?

R. No. If she thinks the race committee has made a mistake, all she can do is to request redress if the mistake has adversely affected her

Q. Can a boat protest other boats over an incident between them that she sees but is not involved in?

R. Yes, even if the boats in the incident decide not to protest about it. Normally, only a boat protested in this way can be penalized, For example, there is an incident involving A and B, neither of which protests. C, who sees it, protests only A. B will not be penalized if the protest committee decides that B broke a rule, since B is not a party to the hearing - unless the protest committee then decides to bring its own protest against B

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Q. Does a protest or redress request have to be made on a protest form?

A. Not unless the sailing instructions say so. The requirement is that they must be made in writing. Protest forms can be downloaded from the ISAF or RYA websites. Using a protest form helps you to give the right information

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Q. Does every protest require a hail of ‘Protest’ at the first reasonable opportunity?

• No. It is needed only for an incident in the racing area that the protestor is involved in or sees. The default is merely that the intention to protest is notified at the first reasonable opportunity, and then there are exceptions to the requirement to hail

Q. What are those exceptions?

If the other boat is beyond hailing distance– notification must be made at the first reasonable opportunity

If there is damage or injury that is obvious to the boats involved – an attempt to notify must be made, within the protest time, but it need not be at the first reasonable opportunity, nor does it have to be successful

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Q. Does a boat have to be involved in or see an incident in order to be entitled to protest about it?

• Only if it involves a rule of Part 2 – rules 10 to 23, applicable when boats meet

Q. What examples are there of an incident about which a boat can protest, even if she did not see it?

R. Learning that a boat did not give help (rule 1) or did not sail fairly (rule 2) - these are rules of Part 1

Learning that a boat touched a mark but did not take a penalty – rule 31 is a rule of Part 3

Learning that a boat received outside help (rule 41) or used illegal propulsion (rule 42) – these are rules of part 4

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Q. If I am in an incident where the other boat tries to do a turn or turns, but I don’t think it was done properly, or soon enough - do I protest the boat for not doing the turn(s) properly?

R. No. Taking a turn or turns is not an acknowledgement of breaking a rule, and getting it wrong is not itself a punishable offence

You must protest for the original incident (touching a mark, port and starboard, etc). When the protested boat claims that she took a penalty, you must then show that it was not done properly, and was therefore ineffective. If the protest committee upholds your protest over the incident and agrees the penalty was not taken properly, it must then disqualify the other boat

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Q. Do I have to use the word ‘Protest’ when a hail is required?

A. Yes, and variants such as ‘Protesting’ and ‘You’re protested’ are OK. But a protest committee could find your protest invalid if you said only ‘Do your turns’, or if you said ‘Protest’ only after other words were said, as you didn’t say ‘Protest’ at the first reasonable opportunity

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Q. If a red flag is required, how quickly must I display it?

R. The longer it takes to find it and break it out, the more likely that the protest committee will decide that it was not shown as required at the first reasonable opportunity

Q. If a red flag is required, and I display it and then take it down because I don’t intend to protest, can I change my mind and put it up again?

A. The flag must remain displayed while you are racing

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Q. Can I protest under rule 69, Allegations of Gross Misconduct?

A. No. You can lodge a report, but the decision to act under this rule is the protest committee’s. The alleged facts may however support a protest by you under rule 2, Fair Sailing

Q. What is the minimum number of people for a protest committee?

A. One person. But three is normal, and at least three is essential for a rule 69 hearing

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Q. If I am aware that a member of the protest committee is an ‘interested party’, can I keep this up my sleeve in case the decision goes against me and I want to appeal?

A. No. You must make your objection at the time

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Q. If there is a protest against my boat, and I think the protestor is in the wrong, do I have to lodge a protest myself?

R. Technically no, since a protest is decided on the balance of the evidence, and the protestor can be disqualified instead of, or as well as a protestee. However, it does no harm to get your case on record, and if you get your protest lodged first, there will be only one hearing, but you will normally get to present your evidence first. If you don’t lodge your own protest, and if the other boat’s protest is found to be invalid, the possibility of the other boat being penalized has been lost in most cases

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Q. I disagree with the protest committee’s decision. Can I have the hearing reopened?

A. Only at the discretion of the protest committee, and then only if the protest committee realises that it may have made a mistake, or if you have new evidence not available to you at the original hearing. If neither of these apply, you have to appeal

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Q I’m sure I wasn’t over a the start, but I was scored OCS. Will I be able to get redress?

A. Only if you can convince the protest committee that the race committee made a mistake. The race officer is the person best placed to call the line

Q. I’ve won my protest against the boat that got in my way. Can I have redress in the form of regaining all the places I lost in the incident?

R. No, unless your loss of place resulted from injury or physical damage, or the other boat has been penalized under rule 2, Fair Sailing or other the boat or competitor has been penalized or warned under rule 69, Allegations of Gross Misconduct. Otherwise – tough!

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Q. I disagree with the redress given to another boat, as it makes my score worse. Can I ask for that hearing to be reopened, and can I appeal against it?

A. No, if you were not a party to that hearing. Your only option to ask for redress yourself, and you will have to show that the decision was ‘improper’, and that it affected your score in the race or series. Only then will you get the right to ask for a reopening, or to appeal, if you are turned down

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GOING BY THE RULES

STARTERS

What’s new for 2009 – quick guide

What’s new for 2009 – in detail

INGREDIENTS

Reading the signals

Major definitions in action

The Racing Rules of Sailing

The Definitions

What’s cooking?

THE MAIN COURSE

Basically and Fundamentally…

We’re racing!

We’re starting!

We’re rounding!

We’re taking turns!

We’re finishing!

We’re unhappy!

going by the rules - protests

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