Forum: The Racing Rules of Sailing
incident on rules NOT of Part 2
Aldo Balelli
Nationality: Italy
Certifications:
- National Race Officer
- National Judge
0
Hi everyone.
A doubt about validity of a protest when the "incident" is a breach of a rule not of part 2
A protest for breaching of RRS42, or RRS 49, infractions which cannot be cleared by a penalty on the water, do still make sense having as mandatory the hailing and the red flag? Isn't enough informing the protestee at the first occasion, not to declare the protest invalid?
Thanks
A doubt about validity of a protest when the "incident" is a breach of a rule not of part 2
A protest for breaching of RRS42, or RRS 49, infractions which cannot be cleared by a penalty on the water, do still make sense having as mandatory the hailing and the red flag? Isn't enough informing the protestee at the first occasion, not to declare the protest invalid?
Thanks
Comments
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All of that is with the caveat that rule 42 is best enforced with Appendix P, not the standard protest procedure as it is hard to prove.
RRS 61.1(b) last sentence says: A notice posted on the official notice board within the appropriate time limit satisfies this requirement'.
In what way is a hearing schedule posted on the ONB not a 'notice'?
John C (and the guts of the thread) was referring to a boat protesting a boat. 61.1(b) has to do with protests from committees.
Obviously it's a 'notice'.
However a notice scheduling a hearing is a notice given by the protest committee notifying the time and place of the hearing in accordance with RRS 63.2. It does not address the intention of a race commitee or other committee to protest a boat. It is not a notice given in accordance with RRS 61.1(b).
Up to 2021, Appendix L contained a model wording as follows:
16.4 Notices of protests by the race committee, technical committee or protest committee will be posted to inform boats under RRS 61.1(b).
This has been omitted in the 2021 version of Appendix L.
A committee may inform a boat of its intention to protest by a notice on the ONB within the protest time limit, but that's a different sort of notice from a protest committe's notice scheduling a hearing.
So, if a boat has been protested they receive a notification when the protest is lodged. In a big event, this will often be the fastest way to 'inform the other boat'.
The reason for rule 61.1 is to ensure that the respondent has to be made aware that a protest has been lodged against them.
If a protestor (and to me that includes the PC/RC/TC) says that they didn't even try to notify the protestee in some way but left if up to the PC to post a hearing schedule on the ONB, that is a huge red flag for the validity of the protest.
I don't know how we ever got to even contemplating an notice on the ONB meeting the requirements for a boat to inform the protestee of her intention to protest.
Of course it doesn't.
For notices posted within the protest time limit RRS 61.1(b), last sentence expressly deems them to meet the time requirement.
Agree
John Porter
Quite likely.
But it's the 21st century. I would be quite happy with a SI that said that a protestee was taken to have been informed at the time, or 20 minutes after the time of the race committee sending an SMS message.
Yup.
Can't agree with this as a general statement. See the reference to RRS 61.1(b), last sentence above. If there is a specific RRS that says the ONB, as a mode of informing the protestee is acceptable, then what we are discussing is the timing.