Forum: The Racing Rules of Sailing

Member of the public witness to infringement of a rule

Dave Morison
Certifications:
  • Club Race Officer
1. Can a member of the public make a formal protest? 
2. Can a member of the public be a witness in a protest?
Created: Yesterday 19:57

Comments

P
John D. Farris
Certifications:
  • Club Race Officer
  • Regional Judge
0
1. No. RRS 4, RRS 60.1, and definition Party.
2. Yes. RRS 63.4(b)
Created: Yesterday 20:16
Steve Comen
Nationality: United States
Certifications:
  • Regional Judge
  • Regional Race Officer
2
1. No. Rule 60.1: "A boat or a committee may protest a boat." Assuming the member of the public is not a boat or member of a committee, the person cannot protest.
2. Yes. Nothing in the rules places restrictions on who can be a witness. Appendix M3.2(c) says anyone can be a witness.
Created: Yesterday 20:19
Jim Champ
Nationality: United Kingdom
1
But a member of the public may make an allegation of misconduct (RRS 69.2b). It cannot be grounds for a protest though (RRS 69.1c). 
Would I be right in thinking that if a member of the public reported an incident to the PC "that may have resulted in injury or serious damage" the PC may protest the boat in spite of 69.1c?
Created: Yesterday 21:38
Paul Murray
Nationality: United States
Certifications:
  • Regional Judge
0
SIs can allow for a third party to make a protest-Sf Bay allow protests form both the coast guard and commercial vessels if a boat images the process of a commercial vessel and the vessel sounds 5 whistles 
Created: Yesterday 21:54
Doug Bailey
0
SF Bay SI's sometimes include "DNE without a hearing" for irritating commercial traffic or the Coasties. But generally I agree with: "1. No, 2.Yes.". Also, if you irritate the Coasties, filling out protest forms is not their go-to sanction anyway; your problems likely extend beyond the loss of whatever pickle-dish you were hoping to win.
Created: Yesterday 23:12
P
Angelo Guarino
Certifications:
  • Regional Judge
1
Jim, I used to know that answer ... let's see if we can parse the new quad and find out. 

60.1 A committee can protest a boat
60.4(b)(3) A protest from a committee is invalid if it based on a report from a person with a conflict of interest. 

So, the public-person can notify a committee, give the report, and if the that person does not have a conflict of interest, the protest from that info is not invalid (if the committee decides to protest). 

PS: For the protest committee, if they received a "protest" filing from John Q Public, I don't see a reason that they shouldn't treat the protest as a "report". 
Created: Yesterday 23:41
Dave Morison
Certifications:
  • Club Race Officer
0
Thank you very much gentlemen for your most helpful responses.
Created: Today 03:37
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