Been asked to advise a local club on an issue they've got.
In close proximity to the clubshouse (and thus the club start/finish line) are some mooring fields. A local bye-law is in place to stop people navigating in these, and the harbour master's getting keen on enforcing this.
During racing the SIs designate these as obstructions, but the question is how to stop boats from entering these before/after racing.
What's the most elegant solution to this? An SI worded such that it applies outside of racing too? How to deal with the issue of not having R19 and 20 outside racing?
The club's keen to show the HM that they're being proactive on this rather than relying on him to enforce the bye-law. Obviously this would be in concert with education people that it's this or losing club lines, but a way to penalise boats that do this would be a useful.
Thread: Can a series of "obstructions" change into a "continuing obstruction" based on conditions?
You could make their agreement to stay out of the field, whilst not racing prior to and after the race, a condition of entry to the event ... and that reports from the Harbor Master or moored boats may be complied as evidence of breach of this entry requirement.
PS .. you'd put this in your NOR and if you really want to underline it, make it a separate form they fill-out and sign as a condition of entry (just like a liability waiver, insurance, etc). On that form you could establish escalating penalties such as warning, temporary suspension or expulsion from the event that they would agree to in signing.
1 Rules
1.1 The racing rules of sailing shall apply
1.2 Town of xxxxxxx Bylaw xx.xxx shall apply at all times while afloat on all days when racing is scheduled. The exclusion zone defined in Bylaw xx.xxx is an obstruction. [DP]
Local bylaw xx.xxx states, "no vessel shall enter the designated mooring area defined as.....unless she is coming or going from her mooring."
I know it is bad practice to restate a rule, but this one is probably worth quoting. The [DP] allows the protest committee to assign a penalty more or less than DSQ if appropriate.
I'd say that boats are "participating or intending to participate" from (at latest) the time they arrive in the starting area and you can make a case that they're still "participating" until they've left the finish area, even after they've finished and are no longer racing. Thus subject to penalty for breaking an NOR or SI.
John's example language is nice. The SIs should probably not just say not to go there, but also specifically call them out as obstructions.
This is probably nitpicking, but we should make sure that if boats can't go there, the rules about obstructions apply!
Relatedly in the harbor where I sail there's a zone around the airport where boats are not allowed, for airport security reasons. It's not clear to me whether such areas fit the definition of obstruction. So... can a boat hail for room to tack? Etc. The safe solution would be for the SIs to specifically call out such areas as obstructions, but it'd be nice if the rules already cover this case.
Although I suspect a protest committee would be very much inclined to treat it as an obstruction anyway.
I'm suggesting having a well-defined set-play of warning/suspension might be easier for everyone to swallow and enforce. Just a thought.
Probably only have to do it one time...
If you define the area as an obstruction rule 19 would apply and boats must give room, but that doesn't in itself prohibit a boat from entering (or hitting) an obstruction. And the preamble of part 2 says a boat not racing can't be penalized for breaking 19.
SI would want to prohibit entering the restricted area whether racing or not and prescribe a penalty if other than disqualification.
Unless defined as such in the SIs I would think not. So racing boats entering this area would be subject to any civil penalties but would not be breaking a racing rule.
an alternative is to implement a modified version on on water judging/umpiring and station a boat near the zone.
The SI also need to state that the area in question is an obstruction, so that rules 19 and 20 apply and a boat can't sail another boat into the prohibited area then protest them.
There is no need to cross reference to rule 3.1 or put this in the NOR: the SI is a rule and can stand on its own two feet.
I don't see much benefit in the 'while afloat' language: competitors are hardly likely to be pushing boats on trailers through the mooring fields.
Putting it in the SI is a first step in cooperating with the HM.
I think you then need to ask, is the HM just being a jobsworth, or is there a genuine problem, generally with all boats or largely with competitor from your club?
This will help you decide how far you want to go with enforcement.
Once you have got your SI in place, in escalating order enforcement measures might be as follows:
I'm not generally a big fan of DPs but I guess that there's a difference between a boat drifting just across the boundary line while coming to the start or going home, and a boat that cuts a corner while racing. What I would say is that you should avoid penalising boats without a hearing: whether or not a boat crossed the line is a fact finding exercise for a protest committee.
Our solution was to designate all the prohibited zones in an Appendix. In your case it might be worthwhile to refer to the by-law
A suitable SI:
A list of prohibited zones is set out in Appendix _ . A boat shall not enter a prohibited zone at any time. Prohibited zones are obstacles. [DP]
You could consider adding:
In addition, boats that enter a prohibited zone governed by local, national or international regulations may be reported to the appropriate authority.
Gordon
How about if we replace “obstacles” with “obstructions”?
Mes excuses, j'ai beaucoup travaillé en français ces dernières semaines!
In French an obstruction is translated as 'obstacle'
Gordon
Steve Martin (American comedian,”Wild and Crazy Guy” album circa 1978 ),
https://youtu.be/q_8amMzGAx4
I'm not sure that it would be necessary to have 19 & 20 on for boats not racing. It's hard for me to envision a scenario where boats are sailing to or from the racing area and one boat forces another into the mooring fields.
Seems to me another initial way to address this would be an informal announcement to the fleet that the HM has expressed concern about racing boats in the mooring fields, remind them of the bye-law and ask them to be considerate of their neighbors in the harbor. If that doesn't work then you can follow up with SI's and penalties, and potentially with tickets from the harbor patrol. Again, I don't think very many boats would have to be penalized or ticketed before the word got out and people started acting right.
If you just say it's the HM's problem (which it is) you might not like the HM's solution, which might be to restrict or prohibit racing in the harbor altogether...
Thanks for all your comments; they have been useful. A few comments in response:
Leaving this to the HM to clear up is absolutely not our preferred outcome. HM's solution would most likely be (or at least lead to being) stopping racing in the harbour: this is not our preferred outcome. Also, we (the various clubs and OAs) have a good relationship with the HM's office is both possible and mutually advantageous. Being proactive on this issue will I think pay dividends in the future when working on other issues and events.
We are working on the 'soft side' of informing and educating the fleet about what the bye-law says, why it says it, and the likely outcomes if people continue to do what they are doing.
The club is not averse to penalising a boat for going through the fields. This will show the HM that we're taking the issue seriously, which is vital, but as Tim H says, a skipper would only do it once. Finally, there is the safety issue as well: there will be people going to/from their moorings in their little inflatable dinghies, and whilst all boats are required to maintain a lookout...
Regarding not having rules 19 or 20 whilst not racing: I think it is unlikely that someone would deliberately force another boat into the moorings to get them DSQ'd before/after racing. However, we, like most fleets, have 'that guy'. Secondly, a more likely possibility would be pre-start whilst waiting for one's start, if there's several boats line abreast the outside boat may not be 'on the ball' and realise what they're doing. Finally, if it were to happen (by design or not) then there would be no mechanism by which the 'outside' boat could be penalised which seems non-ideal when the whole point of the SI is to prevent boats entering the moorings and penalise those that cause it to happen.
In the pre-start, at least from prep, the boats are racing so 19 & 20 are on. And again at 4+ minutes out an "inside" boat shouldn't need to be that zealous about maintaining position, she should be able to avoid going into the mooring field without giving up too much. And if you make entering the mooring field a DP, even if protested the committee could determine that the incursion bu the inside boat was minor, inconsequential and forced by another boat and decide not to penalize.
When rules 19 and 20 apply is governed by Preamble to Part 2
The rules of Part 2 apply between boats that are sailing in or near the racing area and intend to race, are racing, or have been racing. However, a boat not racing shall not be penalized for breaking one of these rules, except rule 14 when the incident resulted in injury or serious damage, or rule 24.1.
So for boats manoeuvering shortly before their Preparatory Signal, the rules will apply, on valid protest, boats may be found to have broken those rules, but shall not be penalised for those breaches. Arguably, appearing in a protest hearing and being found to have broken the rules may be enough to concentrate the mind of the offenders.
Failing that, a serial offender might be invited to have a chat with the Flag Officers or the disciplinary committee.
More importantly, once a protest committee has found that a boat has failed to give the room she is required to give, or broken rule 20.2 and compelled another boat to break a rule, the other boat shall be exonerated under rule 21 or rule 64.1a.
Tim, as for your reasoning for not needing 19 & 20 while not racing is that when a boat isn't racing she has a lot more viable options for not getting squeezed between an obstruction and another boat.
The options are still there when a boat is racing. It's just that some options are [more] disadvantageous when racing.
As you can see there is a Green Can 1SC. For the finishes at the AYC clubhouse (which takes the races by the mooring field), 1SC is to be rounded to port (north side of the mark). This leaves south of 1SC as a lane for non-racing traffic (finished racers and non-racers alike).
If you do not have such a mark at the entrance, maybe a couple drop-marks to funnel competitors in a specific lane, and to create/protect an exit-route would be helpful.
Well yeah, that's kind of the point of rules 19 & 20...
And I think the crux of the matter is not boats that aren't yet or are no longer racing forcing other boats into the mooring fields. I imagine it's boats that voluntarily transit the mooring fields on their way to or from the racing area that the HM is on about.
RSI 15.6 When transiting across the Field of Play, all boats and vessels shall follow the applicable route as
shown in Addendum 1. When transiting between the fixed nets, all boats and vessels shall pass
between the gates formed by the blue conical buoys or shall pass to the northern side of the
eastern most blue conical buoy.
RSI 15.7 The fishing nets shown on Addendum 1 as dotted red lines are prohibited areas.