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The Racing Rules of Sailing

Rule 60.4 (a) 2 Can a competitor protest another competitor for "touching a mark"

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Justin Scott
Certifications:
  • Club Judge
As we draft an NOR for an event,  we have noticed that Rule 60.4 (a) 2 states that  :

A protest is invalid
(2) if it is from a boat that alleges a breach of .... rule 31, but she was not involved in it "or" did not see the incident, 

If Boat A hits a mark and Boat C  was not in any way involved in causing Boat A to touch the mark , nor hindered by Boat A touching the mark, but clearly sees the incident. If Boat C protests Boat A, is that protest valid or invalid?  
Created: Today 15:22

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Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
Yup .. US Sailing recommends the following NOR ...

NOR 1.# Rule 60.4 (a) (2) is changed as follows: “(2) if it alleges a breach of a rule of Part 2 or rule 31 and is from
a boat that was not involved in, and did not see, the incident, or”
Created: Today 15:23
Loic Durand Raucher
Certifications:
  • National Judge
  • National Umpire
Basic principles: Sportsmanship and the rules
(...) rules that they are expected to follow and enforce.

The way of enforcing for a boat is to protest a boat that breaks a rule and does not take the appropriate penalty.
I understand it, in your case, not as an opportunity but an obligation.

Even if I know that most breaches at not protested nor a penalty is taken. 
Loïc

Created: Today 15:39
Justin Scott
Certifications:
  • Club Judge
The previous rules stated:
"A boat may
(a) protest another boat, but not for an alleged breach of a rule of Part 2 or rule 31 unless she was involved in or saw the incident;"

The Draft rules for 2029 state:
A protest is invalid
(2) if it alleges a breach of a rule of Part 2 or rule 31 and is from a boat that was neither involved in nor saw the incident,

According to Angelo, US Sailing recommends including an NOR:

NOR 1.# Rule 60.4 (a) (2) is changed as follows: “(2) if it alleges a breach of a rule of Part 2 or rule 31 and is from
a boat that was not involved in, and did not see, the incident,
or”

The outcome of all three is the same. A boat may only protest another boat if it was involved in the incident or saw the incident.  But the current rules (without the amendment in the NOR) require that a boat is involved in the incident. So I guess my question now is "Why has World Sailing not published a correction to the 2024-2028 Rules?" 
The last set of corrections were effective from 20 April 2026, and this error must have been known about for some time....as it is fundamental to finding whether a protest is valid or not. We cannot rely on OAs spotting this.  I recently sailed in a Championship and looking at the NOR, it did not have this amendment in the NOR. 


Created: Today 15:47
P
Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
Justin re: ""Why has World Sailing not published a correction to the 2024-2028 Rules?" 

That is a mystery and extremely frustrating. This problem was ID'd and communicated BEFORE the final rules were published for the current quad (still with time to correct) .. and reiterated in time for a correction in 2026.  

I wish someone would give us an idea why it wasn't corrected. 
Created: Today 16:07
John Mooney
Nationality: United States
Certifications:
  • International Judge
  • National Judge
  • Regional Race Officer
Justin, it's a good question, to which I don't have a good answer. I have heard it was considered by the WS rules committee at the beginning of this year, but they elected not to fix it, and I don't know why...
Created: Today 16:07
Doug McKnight
Nationality: United States
Certifications:
  • Regional Judge
  • Club Race Officer
It's completely maddening. It is an obvious mistake in the logic that should be fixed. Plenty of NORs I've seen don't have the repair.

I would like US Sailing to fix it in the US with a Prescription... 

Created: Today 16:55
Philip Hubbell
Certifications:
  • Club Race Officer
  • Judge In Training
I think they are still bickering over the long-winded correction versus simply changing “or” to “and”.
Created: Today 17:14
John Mooney
Nationality: United States
Certifications:
  • International Judge
  • National Judge
  • Regional Race Officer
I have heard (from someone closer to the negotiation than I am) that while they declined to correct what is (at least to many native English speakers) an obvious mistake, WS have promised a case that will interpret the rule as allowing a third-party protest (an interesting fix given that such an interpretation would ignore or at least confuse the meaning of the Boolean operators "and" and "or").

Meanwhile, as Angelo has said, US Sailing's rules committee has provided an NOR that we should be including, to wit:

NOR 1.# Rule 60.4 (a) (2) is changed as follows: “(2) if it alleges a breach of a rule of Part 2 or rule 31 and is from a boat that was not involved in, and did not see, the incident, or”

I would add that the first two commas in that sentence are unnecessary and create dependent clauses that are also confusing, but it's an improvement. When I write NORs, I use it (and frequently "forget" to add those commas), and I'm undecided about whether to stop if and when the case is published.
Created: Today 17:35
Doug McKnight
Nationality: United States
Certifications:
  • Regional Judge
  • Club Race Officer
I, too, have heard that there's a case on the way.  I believe that it's silly to "interpret" False as True, which was what they'd be doing. It tortures the meaning of "interpret" beyond reason (IMHO).
Created: Today 19:18
Justin Scott
Certifications:
  • Club Judge
World Sailing has a solution because they have drafted a grammatically correct amendment for the 2029 draft of the rules.
A protest is invalid
(2) if it alleges a breach of a rule of Part 2 or rule 31 and is from a boat that was neither involved in nor saw the incident,

I shall use that wording going forward in international event NORs  BUT why in heck have WS not published a correction so that all events and all judges at all events are on the same playing field? 
Because you know with a degree of certainty that a rule 31 protest will come up before the end of 2028 and a wise guy is going to request that the protest is invalid. 
Created: Today 18:09
Doug McKnight
Nationality: United States
Certifications:
  • Regional Judge
  • Club Race Officer
And if they do, what choice would we have? 
Created: Today 19:15
Justin Scott
Certifications:
  • Club Judge
The amendment has been included in the Lipton Cup NoR  (By the way we are still looking for one judge for this prestigious and very competitive event in CT. Britt Hall is chief judge)   Thank you for all your input.

I noticed the amendment is not in the Viper North American Championship NOR, so I sent this email:

 Hello Tom,

I am a member of the Viper Technical Committee focused particularly on class rules and World Sailing.

Please consider including the following amendment to the NoR and sailing instructions.

Rule 60.4(a)(2) from the RRS is changed to read as follows :
60.4 (a) A Protest is invalid...
(2) if it alleges a breach of a rule of Part 2 or rule 31 and is from a boat that was neither involved in nor saw the incident, or


The objective of Rule 60.4 (a) (2) is that a boat should only be able to protest another boat if they were either involved in the incident or saw the incident.


My view, and that of most other judges is that World Sailing made an unintentional mistake in the 2025 -2028 RRS, when they wrote:
  A protest is invalid
(2) if it is from a boat that alleges a breach of a rule of Part 2 or rule 31, but she was not involved in it "or" did not see the incident, or
This has the effect of preventing a boat protesting another boat for touching the mark .   A boat is rarely "involved" in another boat touching a mark but frequently sees it.  

The prior rule reads  :  
"A boat may
(a) protest another boat, but not for an alleged breach of a rule of Part 2 or rule 31 unless she was involved in or saw the incident;"


The draft rules for 2029 read
A protest is invalid
(2) if it alleges a breach of a rule of Part 2 or rule 31 and is from a boat that was neither involved in nor saw the incident,

US Sailing recommends including the following amendment in all NORs
NOR 1.# Rule 60.4 (a) (2) is changed as follows: “(2) if it alleges a breach of a rule of Part 2 or rule 31 and is from a boat that was not involved in, and did not see, the incident, or”

Since the North American Championship is an international event, we recommend using the amended version from the 2029 draft rules to avoid any confusion.

This error has been pointed out to the WS rules committee and we hope it will be taken care of during this cycle, but in the meantime, US Sailing and the Viper Class recommend including an amendment in NoRs and Sis.   Your chief judge will doubtless weigh in.

Cheers....and lookin' forward to Pensacola!

Justin
Created: Today 18:39
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