Forum: The Racing Rules of Sailing

The self-reference of "protest" in RRS 60.4(a)(1) is a problem IMO

P
Angelo Guarino
Certifications:
  • Regional Judge
The following evolved from one of my comments  in the Part 5 thread here.  I'm very interested in your thoughts on this.  I simply have an aversion to the the self-reference  ... IMO it's really bad logic and English. 

This is what RRS 60.4(a)(1) says when you straighten it out ....

60.4(a)(1) A protest is invalid if it does not comply with the definition Protest ..


Below is my proposal to "fix" it. 

Proposal #1:

60.4 Protest Validity
(a) A protest is invalid
(1) if it does not comply with the definition Protest or [rule 60.1, ] 60.2 or 60.3,

REASONS FOR CHANGE

#1, Having def: protest in there is illogical.  

The self-reference there is really bad and can't make sense.  Both instances of the word "protest" are italicized in the sentence, so we can't say that the first instance of "protest" is some more general understanding of the word "protest" and then the second a refinement. 

#2 Having def: protest in there is VERY confusing.  

Looking at def: protest

Protest: An allegation made under rule 60 by a boat or a committee that a boat has broken a rule

So, if a protest-filing doesn't have these elements, it's now "invalid"?  Looking at the elements of def: protest only in the context of validity, we have these 4 elements ... 
  1. It's an allegation
  2. that is made under rule 60
  3. by a boat or committee
  4. that a boat had broken a rule

Comments on above ... 
  1. fine .. it's an allegation
  2. referencing the entire rule 60 would mean that someone would have to parse through all of rule 60 at the validity stage. 
  3. Yes .. by a boat or committee
  4. "rule" is italicized in 60.4(a)(1).  This seems to add citing a rule to the protest filing requirements for validity, which is in conflict with RRS 60.3(a). 
    1. What if the boat doesn't, is it now invalid?
    2. What if it is clear to the PC that allegation doesn't actually reference a rule?  For instance, "Boat B did not sail their proper course".  Do we look at that and determine  'there is no rule that requires a boat to sail their proper course' .. therefore the protest is invalid?
    3. The above are basis to "dismiss" the protest, but not to determine it is "invalid"

#3 Having def: protest in there is unnecessary

Having def: protest in there doesn't add anything. By replacing it with 60.1, we clearly add that the protest must come only from a boat or committee to be valid.
Created: 25-Jan-25 14:23

Comments

Tim OConnell
Nationality: Canada
Certifications:
  • Club Race Officer
  • Judge In Training
  • Umpire In Training
  • Club Judge
1
Agreed Angelo. The circular argument and reference back to all of 60, could introduce convoluted interpretations, and achieves nothing better than your proposed specific reference.
Created: 25-Jan-25 15:58
Philip Hubbell
Nationality: United States
Certifications:
  • Club Race Officer
  • Judge In Training
0
"4. that a boat had broken a rule"
There is no requirement to identify which rule. And the PC is free to modify the allegation, if a different rule is found to apply.
The PC is free to interpret a submission of parts 1,2, 3, and a story as an allegation of rule infraction.
 

Created: 25-Jan-25 18:07
Jim Champ
Nationality: United Kingdom
0
I'd always figured that the protestor had to cite a rule that they considered had been broken, and the reason was to force the protestor to actually consider what the rule book says about the incident. If a narrative is allowed isn't one in the situation where a vexatious protester could simply deliver narratives hoping there was a rule broken in there somewhere? 

Angelo, would your concern be somewhat abated if the first occurrence of the word protest were not italicised? I suppose we have the almost philosophical question as to whether an invalid protest is yet a protest? 
Created: 25-Jan-26 01:02
Rene Nusse
Nationality: Australia
Certifications:
  • Club Race Officer
  • Club Judge
  • Umpire In Training
1
I can understand the argument for identifying a specific rule being transgressed. It would be unacceptable to be called in front of a magistrate where the prosecution accuses the defendant of just “breaking the law.” As stated by others, it could be a bit of a fishing expedition otherwise… 

However, I think the current rules surrounding the validity of a protest are more administrative in nature. They simply determine the parties and make the protest relevant to the Rules. For example, you don’t protect a boat if you think their rainbow spinnaker is offensive. 

Agreed that in the definition of “Rule” in para (b), we should not use the word “Rule” italicised or otherwise as a circular definition in sloppy at best.  

Created: 25-Jan-26 02:46
P
Angelo Guarino
Certifications:
  • Regional Judge
1
Jim my concerns are stated in the reasons, but in general putting the def: protest in there 

  1. creates recursions ... parsing back through 60 and the self-reference to itself. 
  2. Appears to require citing a rule that is broken. 

I think the intent was to make things clearer in this quad, which is cleanly stated in 60.3(a).  By putting def: protest in there as they did, that muddies 60.3(a)'s clarity IMO. 
Created: 25-Jan-26 03:55
Robin Meads
Nationality: United Kingdom
Certifications:
  • National Judge
0
I think the main issue is that the Definition requires there to be an allegation that a boat has broken a rule, whereas new rule 60.3 just requires to identify the protestor, protestee & the incident, with no requirement to provide the allegation. As judges we are being left with a situation where, because a protest is delivered complying with 60.3, we have to assume that this automatically implies there is an allegation. As we are constantly told in training that we have to apply the rules as they are stated, having to imply something goes contrary to that.
Created: 25-Jan-26 11:47
P
Angelo Guarino
Certifications:
  • Regional Judge
0
Robin, yea ... apart from the basic confusion from referring to itself, IMO this introduces an ambiguity of what is meant by alleging that a rule is broken and how clear/meaningful does it have to be in the protest filing to be valid.  We haven't required that a protest contain the alleged rule .. to get past validity and into a hearing (maybe I've been too lenient).

For me, I'm fine with ID'ing the parties and the incident and then figuring the rest out in a hearing.  If there is no rule broken because no rule actually exists which could apply, then we normally "dismiss" the protest after a hearing after concluding that the  actions of the boat does not break a rule ... not invalidate it prior to a hearing. 

The self referencing issue is just a sentence-structure logic thing for me.  Maybe it's just my engineering-mind's gears that get jammed each time I read it .. and it reads fine for others. 

60.4(a)(1) A protest is invalid if it does not comply with the definition Protest ..

  • If some-thing doesn't comply with the def: protest, then it's not a protest in the first place, and thus that some-thing cannot occupy the first use of protest in the sentence. 
  • If something is a protest ... then it already complies with def: protest.... and thus the 2nd part of the sentence is meaningless and redundant. 
Created: 25-Jan-26 13:10
Jim Champ
Nationality: United Kingdom
0
Angelo, could one not argue that as 60.4 repeatedly talks about invalid protests, it follows that an invalid protest is a real thing? I submit the rules say that there are valid and invalid protests, but both are yet protests. That does leave a grey area between an invalid protest and something that is not a protest at all, but I suggest the key difference is that the race office need not bring something that isn't a protest at all before the PC (unless its an allegation of misconduct I suppose), and so I'm not sure that's a desperately critical distinction. I'm not sure we have genuine recursion in the rule. Maybe I'm wrong, but I tend to think of the definitions as macros(in the pre microsoft sense), in which one can replace the word with the text of the definition and it makes sense. I think that's true for all of RRS60: I certainly don't see the sort of endless loop that constitutes a problem in my mind.

Robin, I really don't follow your argument. The first and foremost part of the definition is that its an allegation. I don't see why the word allegation needs to be repeated in the text of 60.3. I do think, though, the definition should be clearer as to whether the allegation is that an unspecified rule has been broken, or a specified one. There's an argument, I suppose, that if the rule broken is not specified its hardly an allegation at all, but I agree its unsatisfactory. It would be better, to my mind, if the rule still specifically required the protestor to specify a rule. Otherwise, as Rene says, we are at risk of permitting fishing expeditions, which seems undesirable and would make for very long nights for the Olympic Jury! 


Created: 25-Jan-26 21:07
P
Angelo Guarino
Certifications:
  • Regional Judge
2
Jim, I've laid out my POV as best I can concluding with my 2 bullets at the bottom of my last post above.   

Both incidents of "protest" are italicized in that sentence.

PS: Terminology: A term used in the sense stated in the Definitions is printed in italics.
Created: 25-Jan-27 03:20
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