Sailing instructions prescribe:
- a Start/Finish Line between two marks,
- a mark W to be laid to windward of the Start/Finish Liine,
- a mark L to be laid to leeward of the Start Finish Line,
- a Course: Start/Finish Line – W – L – Start Finish Line; and
- “The Start/Finish Line is closed to boats sailing on the downwind leg, boats violating this SI will be scored DSQ by the race committee without a hearing. This changes rules 63.1 and A5”.
A boat sailing on the leg W – L sails through the Start/Finish Line and is scored DSQ by the race committee.
The boat requests redress for an improper action by the race committee, asserting that it was not possible to understand what was meant by the term ‘closed’ in the SI.
Do you think the meaning of the last quoted SI is clear?
After completing the first leg of the course, a boat shall not cross the starting line. A boat shall not cross the finishing line until she is completing the last leg of the course and finishes. A boat that breaks this rule shall not correct her error. However, she will be exonerated if she takes a Two-Turns Penalty (see rule 44.2). This changes rule 28.1. On a leg of the course from W to L or from L to W, boats may leave the line between S and F either to port or to starboard.
For reasons of safety, on legs of the course from W to L or from L to W, the starting and finishing lines and the buoys S and F are, taken together, one obstruction, and therefore rules 19 and 20 may apply between boats while they are approaching and passing it.
When were the sailing instructions available and were they available in writing at the venue on the official noticeboard or other advertised location?
As to whether the meaning was clear
Was there a skippers briefing, was it compulsory according to the notice of race, was this sailing instruction discussed at that briefing, had it been used before by the class/club in other regattas and did the competitor ever sail in any of those races?
Did the competitor read the sailing instructions prior to racing and if they didn't understand them before racing why they did not approach the PRO or a race committee member prior to the first race?
Were they the lead boat or well back in the fleet and therefore able to see where the boats in front of them going, which would have alerted them to the likely meaning of "closed".
Then comes what is the ordinary meaning of closed and what other rational interpretations were available to a competitor, other than that they were prohibited from sailing through the line on the downwind leg?
On balance I would expect that the answers would preclude a protest committee from giving any redress as I think the meaning would be either clear on the terms in the context, or clear to a reasonable competitor before the race or clear if the competitor abided by other sailing instructions and the terms of the notice of race.
I would agree that best practice may be to use a more precise formulation, although complex grammar presents its own problems in relation to clarity to an ordinary layman (see Gunning Fog index https://en.wikipedia.org/wiki/Gunning_fog_index)
8 COURSE
8.1 Windward/leeward Windward (Courses 1 and 2):
8.1.1 The course will be windward/leeward/windward, once around, start/finish between the windward and leeward marks, turning marks left to port, as shown in Attachment A. The race committee may set an offset mark to port of the windward mark.
8.1.2 Before the warning signal, if the race committee hails “line closed,” after starting, a boat shall not cross the start/finish line until she is completing the last leg of the course and finishes. A boat that breaks this rule shall not correct her error. However, she will be exonerated if she takes a Two-Turns Penalty (see rule 44.2). This changes rule 28.1. If the line is close, on a leg of the course from 1 to 2 or from 1A to 2, boats may leave the line between the starting buoy and the signal boat either to port or to starboard.
I found not easily understood but no one had an issue.
We go through this a lot with Team Racing. We used to describe the S/F line as an obstruction to the boats sailing downwind using various schemes. Dave Perry came up with language similar the following for a Port Box course: "On the leg from Mark 2 to Mark 3, the Race Committee Signal Boat and the port end starting/finishing mark are marks of the course. The Signal Boat shall be passed to starboard or the starting/finishing mark shall be passed to port, and those are the required sides, respectively, once a boat enters the zone and rule 18 applies for that mark"
What this allows the RC to do is to effectively close the line by forcing boats to round the ends.Eric
Wording like this seems to do the trick:
As "closed" is not a defined terms it means it has to be interpreted "in the sense ordinarily understood in nautical or general use" see RRS introduction. It seems to me that this means pretty clearly that boats may not sail through the line on the down wind leg particularly when read in conjunction with the penalty for doing so.
The purpose of the OP was to canvass opinions as to the clarity of the words used, not to discuss other aspects of good race management, or entitlements to redress.
The obvious solution to the problem, if problem there is, is to write SI in plain English, not slang, using the models provided in Appendix L.
Thanks to Paul Hanley for his test about 'what other rational interpretations were available to a competitor'.
It's also struck me that a closed door is clearly a door that you can't go through, so a closed line is clearly one that you can't go through.
But I'd appreciate any further discussion on the clarity of the words.
I think the wording is inappropriate.
do we really need to do this?
we do it either to keep the line clear for multiple starts, or we used it so you could not finish on an earlier lap. the rules have been changed to cover this in that you have not now finished if you continue to sail the course.
I agree that the wording is imperfect. However, to me it’s the meaning that counts and having perused the various submissions above, wording such as “the start/finishing line is closed” seems clear.
I often come across wording such as: “boats shall not pass through the start/finishing line unless starting or finishing”, and I like the clarity of Dave Perry’s wording quoted above. I also like the idea of having rule 44 penalty turns available for these infractions.
A quick comment on “Briefings”: the spoken words in a briefing, regardless of whether the briefing is compulsory or not, have no significance unless they are posted in writing on the notice board. In my experience, the less said at briefings, the better.
Redress should only be available if the competitor does not contribute to the worsening of his finish position. In this case, he will have to explain and satisfy the PC that his evident failure to understand the meaning of "closed" was through no fault of his own. One could speculate that maybe he asked the RC and was given a confusing reply, but the burden is on the competitor to satisfy this element of a redress claim. As to whether one could say that the use of "closed" was an "error" on the part of the RC is pretty subjective. The OA/RC has the obligation to prepare SI's which are reasonably clear and not ambiguous. Per RYA Case RYA1984-02 (involving a "confusing, ambiguous, and inadequate" definition of "finishing line.") a reasonable doubt as to the meaning of a sailing instruction is to be resolved in favor of the competitor. Is the word "closed" ambiguous or capable of multiple meanings in the context of a sailboat race, one of which would rationally permit a competitor to go through the line sailing/racing downwind while the line remained closed for other activities?
We are often called upon to rule on hideously flawed sailing instructions.
What is the purpose of judges at an event?
a. Conduct protest hearings;
b. Make certain that the rules of the event are followed;
c. Serve as a resource for rules questions; or
d. Insure the fairness of the event.
I suggest that any answer other than "d" means that the incumbent has confused their importance with their function.
IMHO, the sailing instruction is hopelessly flawed.
Everybody knows what "closed' means, but everybody knows something different.