Sailing Instructions interpretation...

63.1 Requirement for a Hearing

A boat or competitor shall not be penalized without a protest hearing,

except as provided in rules 30.2, 30.3, 67, 69, A5 and P2. A decision

on redress shall not be made without a hearing. The protest committee

shall hear all protests and requests for redress that have been

delivered to the race office unless it allows a protest or request to be

withdrawn.

A5 SCORES DETERMINED BY THE RACE COMMITTEE

A boat that did not start, comply with rule 30.2 or 30.3, or finish, or

that takes a penalty under rule 44.3(a) or retires after finishing, shall

be scored accordingly by the race committee without a hearing. Only

the protest committee may take other scoring actions that worsen a

boat’s score.

RYA 1989/7

When a race committee believes that a boat has broken

a sailing instruction, it cannot disqualify her without a

hearing or deem her to have retired. The race or protest

committee must first lodge a protest against her, within

the time limit for doing so, and a hearing must then be

called.

RYA 1989/8

A race committee is not allowed to disqualify a boat

without a hearing, except under the Black Flag rule. A

race committee is not allowed to score a boat DNF for

failing to sail the course if she complies with the

definitions Start and Finish. A protest is needed.

RYA 2006/8

Unless otherwise specified in the sailing instructions, a

race committee has no power to disqualify a boat

without a hearing, or score her DNF if she finishes, if it

believes she has not sailed the course. Instead it must

protest her within the protest time limit.

No, it is not the responsibility of the race committee to protest a boat.

Brass - The RC is not required to protest, but they cannot take action without a protest except in very limited circumstances.

As you rightly point out the PRIMARY responsibilty for enforcing the rules iswith the competitor. This does not mean that race officials have NO responsibility. There are circumstances in which a race official may protest. Which is why publishing clear policy of the circumstances in which a RC or PC will consider protesting makes things clearer for everyone.

Agreed Andy - but I would be able to write those essential details down when afloat.  Because it is all too easy to use up 20 minutes securing the boat on the trolley, dropping sails, pulling up the beach and then walking to the Club.

Here is an example of a note to competitors regarding Jury policy. As used at some ISAF events:

Sailing is essentially a self-policing sport. The jury expect that boats will take a penalty promptly when appropriate. The primary responsibility for protesting breaches of the rules is with the competitors, not the jury. However, in addition to taking action in accordance with Appendix P, the jury may lodge protests in accordance with RRS 60.3.

The jury will not usually protest for a breach of a rule of Part 2 or rule 31 unless they observe an apparent breach of good sportsmanship (RRS 2). Examples of such breaches are:

deliberate breach of the rules without taking a penalty and gaining an advantage.

failing to take a penalty after knowingly touching a mark with no justification for exoneration.

intimidating other boats – often evidenced by unnecessary shouting or foul language.

team tactics – sailing to benefit another boat to the detriment of your own position.

reckless sailing – sailing that results in or is likely to result in damage or injury.

My advice to Sargesail - be totally without mercy. Everytime the RC disqualifies a boat, except as provided for in rule A5, redress should be requested, and if refused an appeal made.

Gordon