Section D
  1. Provided that the right of appeal has not been denied under rule 70.5, a party to a hearing may appeal a protest committee’s decision or its procedures, but not the facts found.
  2. A boat may appeal when she is denied a hearing required by rule 63.1.
A protest committee may request confirmation or correction of its decision.
An appeal under rule 70.1 or a request by a protest committee under rule 70.2 shall be sent to the national authority with which the organizing authority is associated under rule 89.1. However, if boats will pass through the waters of more than one national authority while racing, an appeal or request shall be sent to the national authority where the finishing line is located, unless the sailing instructions identify another national authority.
A club or other organization affiliated to a national authority may request an interpretation of the rules, provided that no protest or request for redress that may be appealed is involved. The interpretation shall not be used for changing a previous protest committee decision.
There shall be no appeal from the decisions of an international jury constituted in compliance with Appendix N. Furthermore, if the notice of race or the sailing instructions so state, the right of appeal may be denied provided that
  1. it is essential to determine promptly the result of a race that will qualify a boat to compete in a later stage of an event or a subsequent event (a national authority may prescribe that its approval is required for such a procedure);
  2. a national authority so approves for a particular event open only toboats entered by an organization affiliated to that national authority, a member of an organization affiliated to that national authority, or a personal member of that national authority; or
  3. a national authority after consultation with World Sailing so approves for a particular event, provided the protest committee is constituted as required by Appendix N, except that only two members of the protest committee need be International Judges.
Appeals and requests shall conform to Appendix R.
A person who has a conflict of interest or was a member of the protest committee shall not take any part in the discussion or decision on an appeal or a request for confirmation or correction.
The national authority may uphold, change or reverse a protest committee’s decision including a decision on validity or a decision under rule 69. Alternatively, the national authority may order that a hearing be reopened, or that a new hearing be held by the same or a different protest committee. When the national authority decides that there shall be a new hearing, it may appoint the protest committee.
When from the facts found by the protest committee the national authority decides that a boat that was a party to a protest hearing broke a rule and is not exonerated, it shall penalize her, whether or not that boat or that rule was mentioned in the protest committee’s decision.
The decision of the national authority shall be final. The national authority shall send its decision in writing to all parties to the hearing and the protest committee, who shall be bound by the decision.
Cookies help us deliver our services. By using our services, you agree to our use of cookies. Learn more