Most of this chapter focuses on Judges’ activities when Appendix P is in effect. The first section applies whenever the Judges are on-the-water observing racing. The remainder of the chapter focuses on judging rule 42 when Appendix P applies.

The Judges’ presence on-the-water in easily identified Jury boats leads to better rules compliance, providing a better quality of racing. The concept of officiating through proximity leads to competitors being less likely to break the rules because Judges are watching them, and they could be penalized or protested. The majority of competitors, who normally respect the rules, feel less pressure to “push the rules” in order to keep up with those who are breaking them. Competitors are more likely to comply with a rule, or take their penalty when they infringe a rule, or to protest, if they know the Judges may have seen the incident. 
   
Our sport is based on the premise that the competitors, not Judges, have the lead responsibility for enforcing the rules on themselves and their fellow competitors. Therefore, not every incident observed by the judges on the water leads to a protest. Judges should protest only when they witness a clear infringement that is not observed by other competitors, or when rule 2 (Fair Sailing) is involved. 
 
Judges should also record details of any error or improper action by the race committee that may become the subject of a request for redress. 

Many classes have special rules related to wind speed that switch on and off some of the prohibited or permitted actions under rule 42. If the wind speed exceeds or falls below a specified limit, the race committee can bring parts of rule 42 (pumping, rocking and ooching) in or out of play at a mark. For these classes, it is essential that the race committee and the on-the-water Judges have a proactive and reliable means of communicating to ensure that Judges apply rule 42 correctly. 

 
If radio communications are difficult, the Judges should try to round the marks with the lead competitors to witness any signals that might change the application of the class rules. 

Prior to the event the Jury Chairman should arrange suitable boats for judging rule 42 on the water. Suitable boats are those that are safe for the judges to use in the prevailing conditions, and will not affect the fairness of competition on the race course. If suitable boats cannot be provided, then the judges should not attempt to judge rule 42 on the water. 
 
The boats must be suitable for the type of boats they are judging. They must be normally maneuverable, hard-bottom, and of a speed allowing the Judges to follow the boats. The boats must have the capacity to accommodate two Judges. Their equipment shall be large enough to operate safely in the range of weather and sea conditions in which the competitors will race. The Rigid- Inflatable boat (RIB) are commonly used for this purpose. Additionally, since the Judges will be maneuvering in close proximity to the competitors, the boats should optimally have a design that minimizes their wind shadow and wake. 
 
The Jury boats should be clearly identified to avoid confusion with spectator and coach boats. Equipping the boats with two-way radios will facilitate communication between the Judges and with the race committee. When judging rule 42 under Appendix P, the Judges must have with them a yellow flag and whistle for signaling penalties to competitors. 
   
When going afloat, Judges should have, at a minimum; wet notes, a tape or digital voice recorder, sailing instructions, class rules relevant to rule 42, and the Interpretations of rule 42.  

Rule 42 includes basic rule 42.1, prohibited actions in rule 42.2 and exceptions in rule 42.3.
 
The Racing Rules Committee approved a series of World Sailing rule 42
Interpretations, which were reviewed and updated from time to time. These interpretations have the same authority as World Sailing Cases and should be read in conjunction with the Racing Rules of Sailing and the Judges Manual. The interpretations will be updated as necessary. They are available on the World Sailing Website at:
www.sailing.org/raceofficials/rule42/index.php 
 
The World Sailing interpretations of these rules guide competitors on how to sail their boats and guide Judges on how to judge rule 42 on the water. 
 
It is also important to read the class rules for the class of boats you are judging. Some classes have made revisions to rule 42 that will affect judging on the water. 
 
The goal of enforcing rule 42 compliance on-the-water is to make the competition fair for all competitors and protect the sailors who are sailing within the rule. A Judge must remain consistent in his or her calls. The only way to be consistent is to be totally objective. If someone is breaking the rule you give a penalty. It is also important that the judging team is consistent in their calls. This requires continuing dialog among the Judges about their observations. 
 
You can also learn more about specific techniques used by particular classes by reading the papers on the most common breaches. The papers have been translated to several languages and are helpful to understand the specifics of described classes. Available on the World Sailing Website at: www.sailing.org/raceofficials/rule42/rule42-breaches.php. 

Before the first race, the Judges should discuss the most common breaches they will come across in specific classes, and when they should penalize a boat.  Discuss trends and issues they have   witnessed   in   recent   events. During the event, the Judges should regularly review penalties given and unusual body actions they see. Judges should avoid discussing and identifying individual competitors. Rotation of the Judges during the event will improve consistency. 
 
When judging rule 42 on-the-water, Judges should penalize a boat only when they are sure they have observed a breach of rule 42 and they are able to explain it to the competitor, in the terms of the rule and the World Sailing interpretations, after the race.   Impartiality and objectivity in judging are crucial. A second, third or subsequent penalty against a boat should be judged exactly the same as the first. In order to achieve this goal, Judges shouldn't focus on event results or yellow flag penalty count. They should instead rely on what they see on the water each day and how the kinetics fit within the World Sailing interpretations of rule 42. 
 
One of the first indications that a competitor might be breaking rule 42 is that one boat looks different from the others in the movement of the boat, rig or sails, or the body of the crew. Judges have to observe both the actions and the effects of those actions before they can conclude that a competitor has broken rule 42. 
 
Judges will make decisions that are more objective and consistent if they go through the following process before deciding to penalize: 

Some of the questions that Judges should ask themselves and each other are: 
 
Possible Pumping 

 
Possible rocking 

 
Downwind: 

Upwind: 

 
Repeated Tacks or Gybes 

General 
Judges must remember to monitor all rule 42 infringements, even those not mentioned above, such as propelling a boat by fending off others and decreasing speed by dragging feet or the body in the water. 

Judges must be very familiar with Appendix P, Special Procedures for Rule 42. This appendix outlines the penalties and procedures for on-the-water judging of rule 42.  Judges must also be very familiar with rule 42, and with  the interpretations of rule 42. Before going afloat each day, a Judge should re-read rule 42and the interpretations to the rule so that it is fresh and clear in the Judge’s mind. 
 
During a race, the Judges on the water should do their best to cover the entire fleet, but the major focus shall be on the first third of the fleet, as the top competitors generally set the example. 
 
Rule 42 breaches divide into two types: tactical and technical. 

 
Under normal circumstances, both Judges in the boat should agree on a technical infringement before they penalize a competitor. While the benefit of doubt remains with the competitor, once the Judges are sure of the infringement they should penalize promptly and protect the fairness of the competition for the other sailors. 
 
A Judge who sees a clear tactical infringement may and should act independently. 

Once the Judges decide to penalize a boat, one Judge should be responsible for all signaling and recording of penalties and the other should focus on driving. 
 
The Judge handling the signals should raise the yellow flag high in the air immediately and hold it vertically while the boat moves into position to hail the competitor.  Since the Jury boat will often have to move quicker than normal to get into a position to hail promptly, holding the flag up while moving into position lets the competitors know that the boat’s sudden movements has a purpose. 
 
When the Jury boat is close enough that the Judge is sure the competitor will hear and understand, the Judge should blow his or her whistle forcefully, point the yellow flag at the penalized boat, and loudly hail their full sail number. If the competitor does not appear to hear or understand the hail, repeat it and make eye contact if possible. Make absolutely certain that the competitor knows he or she is being penalized. 
 
If the Judges have to delay their signaling to move into position safely, they may add to the hail a very brief description of the infringement so that the competitor knows why he has been penalized. Examples include, “Sculling just before the start”, or “Body pumping at the mark”. 
 
Once the Judges are satisfied that the penalty has been clearly signaled and the competitor is aware, they should promptly remove the yellow flag. 
 
Remember that the signals should be clear and the hail loud and clear so that all competitors around the offending boat also know who has been penalized. 

The Judge recording the penalty should record: the boat’s number; the race number and leg of the course; the time; the infringement; relevant rules and interpretations; what action the competitor took in response to the penalty; and any other special circumstances which may warrant consideration, such as a start being recalled 
 
When observing a competitor taking a Two-Turns Penalty, note the tack they were on when they started and finished their turns. Watch carefully whether the penalized boat takes its complete penalty (Under rule 44.2, a Two-Turns Penalty includes two tacks and two gybes). 

 
If the Judges penalize two boats at the same time, each will observe one of the penalized boats to see that each boat performs the proper penalty. 
 
If the penalty is just before or after a boat finishes, the Judges should record boats that finish in front of and behind the penalized boat in both the penalized boat’s original finish, and her second finish after performing her penalty turns. The Judges should check the results to make sure that the boat is scored in its correct finishing position. If the boat fails to finish correctly after doing her penalty turns, they must communicate this to the Race Committee so that they may score her DNF. The responsibility for making sure that the boat complies with the definition of finishing after the penalty initiated by action by the Judges lies with them, and not the Race Committee. 

 
Judges must report all yellow flag penalties and the resulting action taken by competitors to the Judge responsible for recording penalties at the conclusion of the day’s racing. This includes submitting a report of no activity if the Judges did not give any yellow flag penalties. 
 
If a competitor continues to race or performs his penalty turns improperly, the Judges must report that boat’s disqualification to the Judge recording the penalties: DSQ for a first penalty, and DNE for a second, third and subsequent penalty. The judge responsible for recording penalties will advise the Race Committee in accordance with Appendix P2 Penalties. The Judge responsible for checking results should also check the posted results to ensure that they reflect the appropriate penalty. If a competitor requests redress from the posted results the Judges should be prepared to attend a hearing. P4 limits the possibility of redress for actions taken under P1 but not for adjusting a boat's score under P2. 

 
When Judges penalize a competitor and the race committee subsequently postpones the start, signals a general recall, or abandons the race, the competitor is not required to take a penalty. If it is the boat’s first breach, the boat does not have to perform a Two-Turns Penalty. If it is the boat’s second or subsequent breach, the boat may participate in any restart (see P3). However, the Judges must record and report the penalty in the normal manner, since the penalty still counts to determine the number of times the competitor has been penalized during the series. 

 
When the Judges penalize a boat for the third or subsequent time and she fails to retire, her penalty shall be disqualification without a hearing from all races in the regatta. Her score shall be DNE in all races in the regatta, and the protest committee shall consider calling a hearing under rule 69.2(a). 

 
Using a tape or digital voice recorder can be a valuable tool. Some best practices to maximize the benefit include: 

Judges should be available to answer questions from penalized competitors. They should be available either afloat between races, or ashore after racing. 
 
When discussing the infringement with the competitor, give as many details as possible about the competitor’s actions. Describe what first attracted your attention to the boat and competitor. Describe how the competitor’s actions affected the boat. Explain what rule he or she broke, and the relevant World Sailing interpretation. 
 
Competitors can be angry, upset or confused by the Judge’s penalty. Be aware that some will link the penalty to an implicit accusation of cheating. A Judge can mitigate the risk of an emotional confrontation by talking calmly about the competitor’s specific actions, and avoiding implications of the competitor’s motives or intent. If both Judges that were involved in an incident are available, they should try to talk to that competitor together. One Judge should calmly handle most of the conversation. The other Judge should watch for signs that the discussion is becoming confrontational or argumentative. If this happens, the second Judge can suggest that they continue the conversation later. If only one judge involved in an incident is available it is the best practice to ask some other judge to be present while explaining the penalty to the competitor in order to avoid any misinterpretations at a later stage. 
 
Most of the time Judges should  let  the  competitors  initiate  the  discussion. Judges should be more proactive about instigating a meeting when they believe a competitor may not understand how their actions break rule 42. This is particularly appropriate at junior or low-level adult events, with inexperienced competitors, or when a competitor has incurred a second penalty for the same action. By explaining and clarifying how the competitor is infringing the rules, the Judges can help the competitor avoid additional penalties. 

When judging any sport, being in the right position at the right time is crucial to doing a good job. For on-the-water rule 42 judging, the objective is to place boats in positions where they are close to potential problems. This requires: 

While it is clearly not possible to monitor all the boats all of the time, it is an achievable goal for the Judge boats to cover the course such that every racing boat is aware of their presence at some time during each race. The best way to be effective is to position your boat near the front of the fleet and motor along at a similar speed to the competitors. The Judges should pay closer attention to the leaders, but look with a wide vision, to scan as many competitors as possible. 
 
In many regattas with multi-fleets the Judges have insufficient resources to cover all of them. If choices have to be made Judges should prioritize starts, downwind legs, and finishing legs. 
 
When penalizing a boat, the driver must balance the need to be close enough to the competitor to signal the penalty clearly, while remaining sufficiently far away to stay clear of the penalty turns that the competitor may perform. 
 
Judges operating boats are responsible for ensuring that they minimize their engine wash, and that they position their boat in a manner that will minimize the effects of their wind shadow. 
 
Judge boats should try to cross boats at right angles maintaining a predictable course when close to competitors. Jury boats should be a minimum of five boat lengths away when crossing in front and one boat-length away when crossing behind. On downwind legs, be aware that in surfing conditions, competitors will often make dramatic course changes to take best advantage of the waves. If you find yourself too close to the boats, your best option may well be to stop and let the competitor sail around you. When doing this, the Jury boat driver can raise both hands up high as a signal to the competitors that the Jury boat has stopped. 
 
Except at the start and during the first beat, Jury boats should position themselves so they are visible to the maximum number of competing boats. 

Rule 42 takes effect at the preparatory signal. Generally, rule 42 violations are rare until about a minute before the start. In light air, a boat that is having trouble reaching the starting area might use illegal kinetics after the preparatory signal, including a tow from their coach boat, to get to the starting area. A boat wishing to start at the far end of the starting line might break rule 42 in an effort to traverse the line quickly. 

 
Signal penalties as soon after the incident as practical. Do not wait for the starting signal. 
 
A penalized boat must sail well clear of other boats, and perform both turns promptly to take her penalty. 

Penalties must be signaled quickly; therefore, the Jury boat must stay clear of other competing boats.
 

Common infractions: 

 
Positioning of boats
 
The Judge working as the course chief will assign positions behind the line. Usually the boats will spread from right to left.  Their positioning will depend on the distribution of competitors, and not the actual starting line. When assigned to take the “pin end” of “left end”, a boat will cover the boats closest to the pin end of the line. 
 
The boats should position themselves far enough behind the fleet to observe ten to fifteen boats and close enough to respond quickly, depending on the size of the fleet. Since most competitors are on starboard tack in their final positioning just before the start, Jury boats will have the best view when they are positioned astern of the boats. 
 
When a large group of competitors is seeking to start at the starboard end of the line (typically the signal boat end), Judges may well find that they can best observe these competitors by being in a position below and to the right of the entire starting line. 

Judges can find it challenging to move their boats into a good position to signal a penalty without affecting other competing boats. In light wind, the sound of a hail and the whistle will carry a long distance allowing the Jury boat to signal with less movement. Immediately after the start, it may be impossible to signal promptly without interfering with other competing boats. In this case, wait until you can make a good approach to the competitor, and then signal them. When you’ve had to delay the penalty, you can add a quick explanation such as “Rocking back at the start” so that the competitor knows why you penalized them.
 
 

Common infractions: 
 
In light wind: 

 
In stronger wind: 

 
Jury boats will generally position themselves behind the fleet and focus on pressure points. Jury boats can move through the fleet but they should be extremely careful of their wake. In addition, the Jury boat’s engine noise and propeller wash can be distracting to the competitors.  A Jury boat should avoid remaining alongside a single competitor for an extended time.
 
Towards the end of the upwind leg, the Jury boats should start to position themselves for the next leg. The Jury boat watching the front third of the fleet should move into a position to observe the leaders as they start the reach or run. Towards the end of the leg, the Jury boat observing the rear two thirds of the fleet should move to a visible position to weather of the windward mark.
 
At the first windward mark the Jury boat should be highly visible. A second Jury boat, positioned to leeward of the fleet, should go with the leaders as they sail on the reach. Positioning to leeward of the fleet on the reach allows Judges to stay closer to the fleet with less negative effects from wind shadow or wake.

At the start of the leg, the Judges should actively discuss and decide if surfing and/or planing conditions exist. If the conditions are marginal, Judges must frequently reconsider as small changes in wind may cause surfing and/or planing conditions to come and go.
 
An increase in boat speed does not necessarily qualify as surfing (rapidly accelerating down the front of a wave).
 
On reaches one competitor will often begin to surf by pumping illegally and start gaining on other boats. Seeing this, other boats may also begin to pump illegally, to maintain their position. Ideally the Judges will act before this happens, but if not, they should penalize the first clear breach they see.
 
In the rare cases where the Judges lose control of the fleet and the majority of boats are breaking rule 42, Judges must act. They should penalize the first clear breach and keep penalizing until the fleet starts complying with the rules.
 
Judging when one wave ends and another start can be difficult. You can judge the end of one wave as the end of a surge of boat speed.  When a boat is planing the competitor is not permitted to pump, even though the boat may move from one wave to another.
In stronger winds, it is often difficult to differentiate between rapid trimming and pumping. The rules permit trimming that is in response to changes in wind, gusts or waves, even if rapid. However, they do not permit repeated trimming that is not connected to wind or waves. A competitor may not constantly pump their sails.
 
Common infractions 

Positioning of Jury boats
 
One Jury boat should stay to leeward of the fleet. The boat that was at the windward mark watches from the windward side of the fleet. 
 
If you see an improper action during a mark rounding, wait until the boat is clear of the mark and on the next leg to signal the penalty. 

If Judges see the competitor rolling the boat by repeatedly moving their bodies the same way as the mast with no change of direction, the competitor is rocking. In positive rocking, the windward roll is caused by the competitor moving to windward first. In negative rocking, the competitor begins the rocking by moving to leeward first. If the competitor is moving his body to counter the roll of the boat it is permitted trimming.
 
The best way to identify boats that may be rocking illegally is to keep a wide view. Your eyes will naturally pick out boats that are rolling more than those around them. Watch those boats to identify what is causing the extra rolling. You should penalize body motion or repeated trimming not related to the wind or waves that is inducing the rolling and  is  not  permitted  by  the exception. This can be difficult to judge, as competitors combine permitted and prohibited actions. Talk over the specifics of what you see with your fellow Judge. If you are not certain that the motion is permitted, watch for a little longer, and penalize only when both Judges are satisfied that the rolling is prohibited and that they would be able to describe clearly the prohibited body motion to the competitor.
 
The World Sailing interpretation, ROCK 3 notes that competitors are not required to stop their boat’s background rolling. However, when the boat is set up to be unstable, a single roll may be enough to induce repeated rocking and is prohibited (ROCK 5).
 
Be alert for excessive gybing or pumping in the last 100 meters of the leg to

Common infractions 

 
Positioning of Jury boats
 
Always position one Jury boat near the front of the fleet. Often the same Jury boat will follow the leaders throughout the race. Having a Jury boat near the front will encourage good behavior by the leaders. This helps ensure that the competitors will win or lose by fair sailing. 
 
Both Jury boats should attempt to move within the fleet. If a Jury boat wants to jump from the back of the fleet to the front, it should stay well clear of the fleet before accelerating, both for safety and to minimize the impact of their wake on the competitors. When moving at speed, try to find the speed at which the Jury boat has the least wake. For many small powerboats, traveling at a moderate speed maximizes the size of their wake. You should avoid such speeds unless it is necessary for safety. 
 
The lead boat should watch the initial rounding’s from the center of the gate, staying clear of race management and press sight lines. 

The issues on the final leg are the same, except that a Jury boat must be present in the finishing area at all times when boats are finishing. 

 

When the Judges see an infringement right at the finish, they can and should penalize boats, even if they are no longer racing. Make every attempt to signal the penalty quickly when a boat has finished so that the competitor can promptly perform their penalty turns and re-finish. 

 

Be aware that the penalty for the competitor’s second, third or subsequent yellow flag protest is to retire from the race instead of doing a Two-Turns Penalty. If the finish is crowded and the race committee is busy, the competitor may wait for a clear opportunity to notify the race committee that they are retiring. 

 

Common infractions 

 

A Jury boat should position itself near the last leeward mark and move towards the finish with the leaders. The Jury boat should position itself close to and to leeward of the first small group of closely competing boats and  follow them to the finish. It should then remain at the finishing area. 

 

The second Jury boat should watch the end of the last run, and then patrol the final reaching area paying particular attention to “pressure points” where boats are close together and passing might be possible by infringing rule 42. 

Telling the skippers that there will be an active on-the-water Jury presence has a significant effect on compliance with rule 42. The chairman should cover the following points: 

Upon returning to shore, the Judges should submit their penalties to the rule 42 coordinator. He or she will promptly compile a combined list of all rule 42 penalties and review the list to see if all competitors took the appropriate penalty. If a boat did not take an appropriate penalty, the coordinator notifies the race committee of disqualifications under P2.1 (DSQ), P2.2 (DNE) or P2.3 (DNE from either that race or all races in the regatta), depending on the competitor’s action. 
 
The Judges should post the complete list of boats that they have penalized for rule 42 under Appendix P on the official notice board as soon as possible. Include on the list the names of the Judges who issued each yellow flag, so the competitors can approach the Judges with any questions or clarification they might have. 
The Judges should be available to competitors on shore after racing to discuss any of their calls. These discussions should always be between the competitor and the Judges who penalized the incident. The Chairman may want to monitor the conversations discretely and moderate if the conversation starts to become contentious or heated. 

Rules do not prevent a boat from requesting redress alleging that the disqualification was an improper action of the Jury. 
 
If using Appendix P, redress is limited to action taken by a judge under P1 due to a failure to take into account race committee signals or to interpret class rules correctly, unless this is modified by the sailing instruction. As an example, the Laser Class use a modified wording to P4. 

Appendix P outlines the procedures for penalizing and penalties for breaking rule 42 on the water. This system evolved from several systems previously used by many classes and multi-class regattas. It made its debut in Olympic Competition in 1992. 

 
As with all systems, there are advantages and disadvantages.
 
Advantages 

 

The use of on-the-water rule 42 compliance has grown over the last decade, and expands the responsibilities of Judges. Whilst the racing rules permitted on-thewater judging prior to the addition of Appendix P, there was no specific place for it in the rule book.  Consequently, the penalty systems and the sailing instructions describing them were often different from event to event. 

Appendix P codifies this and creates a consistent framework under which competitors and Judges can operate. It is now easy for a regatta organizer to apply Appendix P and make provision for on-the-water judging of rule 42.
 
Judges and competitors may have diverse positions on rule 42 and how it is judged on the water. However, they must accept the rule as written and the World Sailing interpretations of rule 42. If they disagree with a rule, they may follow the World Sailing’s documented procedure for submitting proposals to change a rule.
 
Judges should not allow individual classes a level of prohibited actions just because all boats seem to be breaching the rules a similar amount. Judges have to remain objective, and penalize boats that infringe the rules. A class association may change rule 42 through their class rules. 

When Judges accept an appointment to an event which has on the water enforcement of rule 42, they must be willing to enforce the existing rules and interpretations to the best of their ability. It is far better to have no Judge present on the water, than to have a Judge empowered to enforce the kinetics rule that observes blatant infractions and does nothing. 

Judges should give the benefit of the doubt to the competitor and never penalize unless they are certain of the infraction. However, once they are convinced, they must act to protect the competitor who is sailing fairly.