I’ve noticed multiple incidents during racing where boats clearly infringe the rules—whether it’s mark-room, port-starboard, or right-of-way situations—and yet very few hearing requests are being filed afterward. Sailing is a self-policing sport, and the protest system exists to ensure fairness and proper rule enforcement. So why are competitors hesitant to use it?
Is it a lack of understanding of the protest process? A perception that filing a protest is “unsportsmanlike”? Fear of conflict or retribution? Or something else entirely?
Would having judges walk the docks before racing help?
For example, their presence might make the process feel more approachable, allow sailors to ask questions informally, and encourage legitimate protests to be filed when needed.
I’d love to hear perspectives from sailors, judges, and race organizers on what’s driving the low number of hearings and what actions could improve rule adherence and competitor confidence in the system.
Further, I am of the opinion that Judges walking in the park, in a pair though, is definitely a constructive activity. It gives an informal environment to the sailors to approach and interact with the judges. The sailors do have many questions but are not sure when and where to interact with the judges. This walk in the park will encourage sailors interaction with judges and have a positive effect on the competitor's confidence on the system.
The easiest example I can think of is a starting line in a large fleet. If you watch, rule 11 is broken so many times, yet seldom is a flag seen. Why? Because it's just the way it is. Likewise for tight mark rounding.
When it does matter to the boats involved, you definitely will see a protest result.
And there’s the fact that, no matter how right the protestor may be, once in ‘the room’, one’s chances are 50/50 of favorable outcome.
As far as judges walking the docks, presumably to encourage lodging protests, that would greatly detract from the reasons my friends and I race together.
In my recent red-flag thread, I wrote this comment about times when invalidity seems ridiculous to the parties ... which I think is part of it.
At the heart of that thread is the same issue as this one: Lack of even rules enforcement across the race course. A disrespected protest-system is only one brick in that wall.
Many, many years ago, I wrote a very long post that tried to examine what I saw as some of the other root causes; some of which i saw as internal in nature to the competitor. It was titled:
“I owe you one”, “Was MY score effected?”, “Not-Worthiness” and “Stigma”; Four Mindsets Eroding Fair-Sailing in Club-Level Racing.
My thesis (and it seems Robert's in this thread) hasn't changed since I wrote it. These factors, and the impression that the protest process isn't worth the time and effort, result in the rules applying to some but not others on the water resulting in an uneven playing field.
There is no problem if a competitor breaks a rule. Everybody does it. There is a problem if a competitor breaks a rule on purpose and/or he or she doesn't get a penalty for the breach.
Robert, thank you very much for opening this discussion, the matter concerns me a lot as well. Even thought, I think the main problem isn't having many infringements and few hearings, rather, having many infringements and such few penalties taken or given.
Many years ago, my first sailing coach was preparing me for my first Regatta, and the first rule he taught was that I could and should penalise myself for a breach. It was an honor issue. Now, we see coaches teaching theirs kids ways of brealing the rules without getting caught.
In fact, I'd go further and argue that what we're dealing with is a Gresham's Law of conduct; that is, the bad conduct drives out the good. There is no incentive to follow the RRS and take your penalty when you know you're wrong when the alternative of a lot of shouting rules and brazening it out gets rewarded.
A self-policing sport does not work if the culture is that any protest gets met with moaning about "Sort it out on the water". We have, then, a problem. How it gets fixed, I do not know for sure, but that the issue needs to be faced is I think a given.
When a boat breaks a rule for which they are not exonerated (and then do not take a penalty) they gain an incalculable advantage against all other boats in the fleet. Some are close, some might be on the other side of the course, and it's impossible for anyone to calculate what those advantages are.
The idea that 2 boats can "work it out on the water" reduces the effect of a boat's rule-breach to only the other boat that is referred-to in that rule ... as if this was a one-on-one match race and no other boats existed.
THAT is what I try to get-through first when this topic comes up with individual racers. When we compete in fleet racing, we are all OTW judges for the rest of the fleet.
A few years ago, there was a distinct stigma in the air about protesting another sailor. As chief-cat-herder, I've worked to remove that through tone and repetition, normalizing protests as simply an appropriate part of our sport. I also run ~monthly hour-long rules sessions over Zoom to educate the fleet. When a protest actually happens, I go out of my way to calm the situation and bring it back to a friendly place. Still, very few protests. The sailors might holler at each other on the water, demanding a penalty be taken (which then usually is), but they all want to leave that behind at the bar after racing and I think that is fine. Fun and camaraderie first. Our series is taken seriously, but it isn't a qualifier to Worlds. I'll note that at the start of every year I need to remind the top of the fleet to not get cranky with the novice sailors who will make mistakes — being yelled at by a more proficient sailor is a fast way to get someone to never come back.
We also have some days, (yesterday in fact!), where we have to give a gentle lecture to the sailors before we announce the results of the day. No surprise to you all, it's usually about foolish port approaches at the top mark or bumper cars with no penalties taken on the starting line...
When a protest happens, it is usually due to sailor finally getting fed up with a repeat offender and wanting to make a point, but 99% of the time, we nip that in the bud by pulling a sailor aside for a quiet word. If someone really can't change their behavior, they are disinvited to race with us, but that only happens like once every 6 years.
Lastly, like in all human endeavors, groups will respond to how the leaders model behavior.
We want sailing to be fun and we want it to be fair, because when it's not perceived as fair, it's not fun. The fleet will die. Protests are part of the toolbox, but as long as we are creating a respect for the rules, I'm not as worried about the number of protests filed.
Even with all the boats in one place, this would quickly become a form of arbitration. The competitors would explain the situation and the judge would offer an opinion or explanation. Whether this is an improvement or not would have to be seen.
Don't be so difficult about protest validity. Make it easier to get into the room and to the meat of the isssue. I've watched a protest be thrown out because the fouled boat was already two boats lengths from the mark when they hoisted their protest flag for an incident that happened at the mark. The helmsman is busy; "immediate" shouldn't be measured in microseconds. Don't toss a protest because the race was identified as the second race on day 2 instead of the 5th race of the regatta. Be reasonable aboout things like that.
Similarly, I saw a boat get DSQ'ed for waiting too long to hoist an I flag. It was up less than 30 seconds after the incident and only a few seconds after the helmsman became aware they had fouled the other boat. Don't be jerks.
I personally had a protest committee invalidate my protest because they failed to post the notice of hearing properly. Their mistake. They could have fixed it by delaying and giving the protestee more time to prepare. Instead they tossed it and told me I would have to request redress. Why would I bother to request redress from the same committee that didn't do things right in the first place? Again, don't be jerks. Make sailors want to talk to you.
If in the US, that may have been overturned in an appeal. Please see US124.
Again, if that's truly what happened, that decision would have very likely been overturned on appeal. If your filing ID'd the protestor, protestee and the incident ... and was in writing and delivered to the race office timely ... and you did what was required on the water, it's hard for me to imagine a circumstance where a PC would "invalidate your protest".
Now, they might decide to invalidate their initial hearing ... but in doing so the likely proper action would be to start over with a new hearing after correcting the RC/PC procedural faults.
In realtime ... you could have requested a reopen ... it wouldn't be a request for redress. If they told you to request for redress, that was incorrect (and improper by the PC) as you can't R4R a PC decision in which you were a party to the hearing.