For redress to be granted pursuant to 60.4(b)(2) (injury or physical damage because of the action of a boat that was breaking a rule of Part 2 and took an appropriate penalty or was penalized), the protest committee must determine that either the boat breaking the rule retired from the race after the incident, or the boat breaking the rule was protested and penalized for breaking the rule of Part
2 in the incident (Case 135),
In essence, it must be proven that the boat breaking the rule actually broke the rule for redress to be granted under 60.4(b)(2).
However, exoneration is automatic and does not appear to have such a requirement. For example, RRS 43.1(a) states, "When as a consequence of breaking a rule a boat has compelled another boat to break a rule, the other boat is exonerated for her breach." There is no requirement in the rule that the other boat take a penalty or retire.
Suppose a third boat witnesses the incident and protests the original boat (the one compelled) for breaking a rule? The boat supposedly breaking a rule does not take a penalty or retire. In the hearing, the original boat states they were compelled to break a rule. 3rd party doesn't believe they were compelled and neither does the boat supposedly breaking a rule.
Must the compelled boat protest the boat that compelled them to break a rule? What if the PC decides that no rule was broken?
The working of the rules (60.4(b)(2) and 43) notwithstanding, why is there no requirement that the compelling boat be proven to have broken a rule for exoneration of the boat compelled to break a rule?
Discuss . . .
I think this is what you're setting up:
1. While beating to windward, Boat A on starboard comes together with Boat B on port, overlapped to leeward of boat C.
2. Boat A ducks boat B and C,
3. Boat D is 10 hull lengths behind A and hears some spirited conversation.
4. Boat D thinks Boat C compelled B to break rule 10 and protests C.
I think this should go something like this:
Boat C comes to the hearing and states, "Why am I here? Neither A nor B said anything to me. Boat D had his flag up and told me he was protesting me the next time we were near each other, but I have no idea what he thinks I did.
The PC calls A and B as witnesses. and finds that the "spirited conversation" was "Tack or cross"......"cross".
Conclusions:
Boat B on port kept clear of boat A on starboard and complied with RRS 10.
Boat C did not compel Boat B to break a rule, nor did she break a rule.
Decision
Protest Dismissed
"Exoneration for her breach" could that not be an appropriate penalty?
Redress is a benefit to competitors not available in other sports, sometimes the rules fail but that does not mean there is great assistance to some sailors.
Windy conditions in a top level event with no qualification requirements. So, experts sailing among those with far less experience of the class.
High speed catamarans with very pointy bows.
Boat P contacts boat S at some speed and causes significant damage to boat S. Redress definitely available.
Boat P suffers little or no damage and retires.
But, does 43.1(a) over-rule Rule 14, which requires the ROW boat to retire because significant damage has been caused by the breach of Rule 14 ?
While one of my mentors has always said that sailing isn't 'fair', it's just our job to apply the rules as fairly as possible. The strictest application of Rule 14 in these cases always seems to me to be grossly unfair and not in the spirit of sportsmanship or fair play.
Discuss, please.
Two boats on starboard tack (Yellow and Blue) approaching the pin end (port) of the finish line. Yellow hits the mark, breaking rule 31, but claims Blue compelled her to hit the mark by breaking rules 11 and 18.2(a)(1) and is therefore exonerated by 43.1(b). Blue does not take a penalty or retire.
A third boat (Green) witnesses the incident and protests Yellow for breaking rule 31.
Is Yellow required to protest Blue in order to defend herself from Green's protest?
There are many reasons that a boat might not protest when they are fouled.
My hope is that this is resolved going forward.
A third party protest could win this protest and result in either boat being penalized.
I'm going to steal my own punchline and give the answer up front ..
YES . a boat that is compelled to break a rule, as a result of another boat breaking a rule, even though the "compelled boat" is exonerated under 43.1(a) .. SHE SHOULD ALWAYS PROTEST THAT OTHER BOAT.
Here are some of the insights about the rule and some of my 'reasons why' ..
1) Before we get started, its good to recognize RRS 43.1(a) requires only that the boat compelling another to break a rule, is also breaking a rule, not that they are breaking a rule and are not exonerated themselves under some part of RRS 43. So, the compelling boat might also "have a reason" themselves .. they might also be compelled or they might be sailing within room or mark-room they are entitled to when they broke that rule and therefore are also exonerated for breaking a rule. Or .. maybe not.
This is important in pin-wheel roundings where the inside boat gets no room but it is the outside boat #5 that is the actual culprit (or maybe #3 or #4). The inside boat is exonerated, and each boat in turn, but they each should protest the boat compelling them as they might not know who caused it all .. the outside boat or someone in the middle.
2) Why the above is important is the focus of your OP. If this protest gets to a PC and the ultimate "culprit" is not a party to the hearing (because the exonerated boat did not protest their compelling boat), you are leaving it up to the whims of the PC. This is because the rules state that a committee "may" protest a boat when it learns information (in a hearing of a valid protest) that a boat, not party to the hearing, may have broken one or more rules in the incident.
A PC might handle this a few ways ..
Now the PC will decide based only on Yellow and Green's evidence and there is a chance that they find:
The PC might decide that there was no Blue boat. Well .. then Yellow stands little chance of being exonerated.
So, if you do not protest the compelling boat, you leave a lot to the discretion of the PC.
You should be exonerated if someone protests you which is unlikely.
Sit back and let process happen, you will generally be very happy.
Do not protest!
3. Blue compelled/did not compel yellow to touch the mark.
Results. No rule was broken
Or blue broke 11 and or 18.2 and is dsq, yellow broke 31 and is exonerated
Or blue broke 11and/or 18.2 and is dsq (case where yellow didn’t touch the mark)
By not protesting, you are advantaging the offending boat in relation to not only your position but the position of all the other competitors that did not break a rule in that race. I do think there is a fundamental unfairness in that.
The boat that broke the rule has an obligation to protest the other boat if they saw them break a rule. If they do not because they assumed exoneration due to their foul are they not violation the Basic Principles.
I’m conflicted here and I don’t really know the “right” answer.
Rick
The fundamental rule refers to the fundamental principle of sportsmanship when not exonerated to take a penalty.
Ws chose not to say to prorest when you see an infringement.
“Competitor enforcement of the rules is the tradition in our sport, and when the rules are not followed, we owe it to ourselves and our fellow competitors, for the quality of racing, to protest.”
Mike, in a match race, you have umpire boats trailing and applying penalties.
In a fleet race, each competitor is the rule-enforcement-eyes for the rest of the fleet. Unless there is OTW judging, that's all we have in fleet racing.
We must rely upon boats to "follow and enforce" the rules as they are called-upon and "expected" to do.