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  • It surprises me that no one seems to understand the 'Basic Principles' in the RRS which starts with: "Competitors in the sport of sailing are governed by a body of rules that they are expected to follow and enforce."
    Today 04:03
  • Thank goodness this isn't a high-stakes contract, or we'd be in court forever.  But as Michael says, this distinction between "shall" and "will" isn't just from the RRS; it's standard contract language.  If you issue a contract to somebody to replace your roof, the contract you make with the roofer might say "The owner will give the roofer access to the property from [such date to such date], and the roofer shall complete a new roof on or before [such date]."  There are lots of rules in the RRS and in the NoR and SIs binding race organizers, and obviously many of them aren't enforceable because there's no penalty you can apply to those people for breaking rules.  As for redress, that depends.  To be successful, a boat requesting redress has to convince the PC that her score was made significantly worse by the failure of the race officials to follow their own rules.  In many cases that's not true (e.g., "There will be a mandatory competitors meeting at 0900 ..." and the meeting isn't held until 0930), but in other cases, it might be true ("The first mark will be a yellow inflatable buoy" and the RC uses an orange buoy, then the first boat rounds a nearby yellow buoy instead and fails to sail the course).
    Today 01:05
  • additional facts can be drawn from agreed diagrams.

  • The change of direction to finish may be due to the nature of Case 82. If the SI's clearly write this, then there is no questions or arguments.
    Kim
    Wed 02:44
  • see below.
    RYA 2001/2

    Rule 2,  Fair Sailing
    Rule 60.3(b),  Protests: Delivering a Protest

    When a boat believes that she may have broken a rule and retires in compliance with the Basic Principle, she may revoke her retirement within protest or declaration time if she later realises that she did not in fact break a rule.
    However, if she is not acting in good faith, she breaks rule 2, Fair Sailing.
    ASSUMED FACTS

    Boat A lodged a protest against boats B and C for sailing the wrong course. Boat B did not believe she had done so, but ‘did the sportsmanlike thing’ and retired. Boat C did not retire. Within protest time, boat A checked her facts with the race committee, and found that her protest was unjustified. She withdrew her protest against boat C.

    QUESTION

    Was boat B then entitled to ‘unretire’?

    ANSWER

    The rules are silent with regard to ‘unretiring’. When a boat retires in compliance with rule 44.1, Penalties at the Time of an Incident: Taking a Penalty, for having gained a significant advantage or causing serious damage in the act of touching a mark or breaking a rule of Part 2, that is irrevocable.

    When a boat retires for some other reason, as in this case, and has indicated her retirement either to the race committee or to another boat, she may reverse this decision before the end of protest time or declaration time, whichever is earlier, provided that she has not broken any other rule in the meantime. For instance, retiring during a race, using her engine, and then resuming racing would preclude ‘unretirement’.

    However, if she has no good reason to ‘unretire’, she breaks rule 2, Fair Sailing, and the protest committee should, if necessary, extend the protest time limit for any boats that did not proceed with a protest against her because of her initial retirement.

    Question from Royal Southampton YC
    25-Dec-01 11:36

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