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Who can protest?

Printed From: Yachts and Yachting Online
Category: General
Forum Name: Racing Rules
Forum Discription: Discuss the rules and your interpretations here
URL: http://www.yachtsandyachting.com/forum/forum_posts.asp?TID=12068
Printed Date: 09 Aug 25 at 4:10am
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Topic: Who can protest?
Posted By: fleaberto
Subject: Who can protest?
Date Posted: 01 Jul 15 at 3:38pm
Here's a thought......
Heading toward the finish with two boats clear in front of me - unsure if I'll catch them by the end to be fair but hey, i'll give it a go.
The two ahead are locked in a tacking duel with me, as I said clearly behind - 5 boat lengths maybe?
Going in to the line, boat A is on starboard, boat B on Port. Boat A calls 'Starboard!' quite clearly but boat B doesn't budge and A takes evasive action. Straightforward Port / Starboard.
However, A doesn't protest - the 'evasive' action saw them remain ahead(even though it was a considerable manouvre).
Now, B - in my mind, should have taken a 720 anyway, but didn't. Carrying on to the line ahead of me by around 2 maybe 3 lengths.
If B had carried out the required 720, I'd have gained a place and a point and, quite possibly, a higher place overall.
My question is, even though I wasn't directly infringed, could I have lodged a protest against B for not taking the required penalty?
I did discuss this at length with the infringee post-race, the answer being: "Well, I'd have had nowhere to go" My reply being: "Tough, then you shouldn't have been there"
Would I have been able to protest ands on what grounds? - is it as simple as I see it? -Straightforward Port/Starboard and no penalty taken?

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Lightning368 'All the Gear' (409), Lightning368 'Sprite' (101), Laser (big number) 'Yellow Jack', RS Vareo (432)'The Golden Rays'



Replies:
Posted By: GML
Date Posted: 01 Jul 15 at 3:55pm
You couldn't protest B for not taking the required penalty, but you could have protested him for breaking rule 10, since you saw the incident - see rule 60.1(a)

You would however have to hail "Protest" at the first reasonable opportunity (which in the circumstances your describe would be almost immediately after the incident) - you can't wait until he has failed to take a 2-turn penalty, and you certainly can't wait until you have come ashore and discussed it with him.


Posted By: JimC
Date Posted: 01 Jul 15 at 4:06pm
60.1 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;


So as you saw the incident you may protest provided you have immediately hailed protest at the time. With the rules as they are waiting until its obvious that neither boat is going to do turns is too late for the protest to be valid.

But if they were in the middle of a tacking duel then the result may not be a straightforward as one might think though. When A tacked onto starboard she acquired right of way. RRS15 says that when a boat acquires ROW she must initially give the other boat room to keep clear. If A didn't feel confident that she had given B room to keep clear after tacking then A was required to take evasive action and no rule was broken. It all depends on how long it is since S tacked.

Another scenario where S might me required to evade port would be if the wind was shifting rapidly and a big lift put A on a collision course when sh was clear before.


Posted By: fleaberto
Date Posted: 01 Jul 15 at 4:09pm
I did shout to B that they should do turns - (not 'Protest').
To be honest, I thought: "Hmnn, I'll get that place if I protest" (Seemed a bit Dick Dastardly) and I felt a bit more for the infringed rather than myself in reality....but it did just raise that question in my mind.
Thanks for the clarification though.

Jim, there was plenty of room. The tacking wasn't exactly Olympic match racing and B had plenty of room to see what was going on, where A was and what was likely to happen should they carry on. I understand the shift part but that didn't happen either.
My feeling is that B suddenly froze when realizing "Oops, I've left that a bit late!"

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Lightning368 'All the Gear' (409), Lightning368 'Sprite' (101), Laser (big number) 'Yellow Jack', RS Vareo (432)'The Golden Rays'


Posted By: JimC
Date Posted: 01 Jul 15 at 4:10pm
Originally posted by fleaberto

I did shout to B that they should do turns - (not 'Protest').

Doesn't cut the mustard. Protest must be the first thing you shout. Dumb rule, hopefully it will get changed some time.


Posted By: Rupert
Date Posted: 01 Jul 15 at 4:13pm
Not only should you have protested boat B, but you should have had him thrown out of the club, banned from sailing for life and possibly thrown in jail for a year or 2. Bloomin' port tack boats, thinking they own the place...

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Firefly 2324, Puffin 229, Minisail 3446 Mirror 70686


Posted By: fleaberto
Date Posted: 01 Jul 15 at 4:15pm


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Lightning368 'All the Gear' (409), Lightning368 'Sprite' (101), Laser (big number) 'Yellow Jack', RS Vareo (432)'The Golden Rays'


Posted By: GML
Date Posted: 01 Jul 15 at 5:01pm
Originally posted by JimC

Originally posted by fleaberto

I did shout to B that they should do turns - (not 'Protest').

Doesn't cut the mustard. Protest must be the first thing you shout. Dumb rule, hopefully it will get changed some time.

There is no ISAF (or RYA) Case which says that the word "Protest" has to the be the first thing you shout, but the more you say before you use the word "Protest", and the longer you leave it, the more likely that your protest will be ruled invalid.


Posted By: Rupert
Date Posted: 01 Jul 15 at 5:32pm
Yes, pretty sure if the first words are " ouch, that was my head, yout**t", protest could probably follow. Of course, these days you might get done for swearing, or something?

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Firefly 2324, Puffin 229, Minisail 3446 Mirror 70686


Posted By: Ben Gibson
Date Posted: 03 Jul 15 at 12:27am
Perhaps off topic.

If S had a lift and sailed to her VMG (CHC) does she break rule 16.1?


Posted By: Brass
Date Posted: 03 Jul 15 at 2:43am
If she changes course and does not give P room to keep clear she breaks rule 16.1


Posted By: davidyacht
Date Posted: 05 Jul 15 at 6:40pm
Assuming that there are new rules in the pipeline, how do we get a change to the nonsense that a legitimate protest can be kicked out if you don't say "protest", surely "do your turns" should be allowed, particularly if we are trying to encourage sporting behaviour.  As I see it, if there is an incident and nobody says protest, the perp knows he is home free if "protest" was not the first word uttered.

This particular case shows even more what a nonsense the current position is, surely as an observer it is reasonable to establish whether turns will be completed before taking action as a third party?

I appreciate this is how the rules are right now, nut surely we need something that encourages rule observance at club and open meeting levels?


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Happily living in the past


Posted By: craiggo
Date Posted: 05 Jul 15 at 7:43pm
What, you expect ISAF to listen?


Posted By: sargesail
Date Posted: 05 Jul 15 at 10:29pm
How would the third party indicate that other than by saying protest?  We should all grow up and recognise that it's not aggressive it's just a way of starting self-policing of the rules.


Posted By: davidyacht
Date Posted: 05 Jul 15 at 10:57pm
Its not about being agressive, in most cases I want someone to "Do your turns" this is a perfectly reasonable request ... if they don't do the turns, then I would like to say "Protest", it seems completely wrong that saying "Do your turns" precludes the opportinity to protest.  Likewise in the case discribed in this thread, it seams wrong that the opportunity for a third party to protest about an incident is voided, should the third party allow the offenders time to sort it out between themselves.

Sargesail, no doubt you will advise me that you have to say protest, my point is that the Rules will be reviewed in 2016 and it would be good to introduce a system that I am sure the vast majority of club and open meeting sailors would prefer.




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Happily living in the past


Posted By: sargesail
Date Posted: 05 Jul 15 at 11:39pm
Originally posted by davidyacht

Its not about being agressive, in most cases I want someone to "Do your turns" this is a perfectly reasonable request ... if they don't do the turns, then I would like to say "Protest", it seems completely wrong that saying "Do your turns" precludes the opportinity to protest.  Likewise in the case discribed in this thread, it seams wrong that the opportunity for a third party to protest about an incident is voided, should the third party allow the offenders time to sort it out between themselves.

Sargesail, no doubt you will advise me that you have to say protest, my point is that the Rules will be reviewed in 2016 and it would be good to introduce a system that I am sure the vast majority of club and open meeting sailors would prefer.



No I'm not going to say that.  My argument in favour of the clear and singular way of initiating formal proceedings is this:

That in many incidents there is preamble shouting/discussion before there is actually an infringement.  Let's take as an example a Windward Leeward where L feels that W is not keeping clear.  The use of the word 'protest' makes a very clear delineation between the pre-chat, and the fact that L considers that there has been an infirngement, which in this case would be accompanied by a change of course to leeward.

And on the other hand I don't see why you can't accept that 'protest' means -'I consider that you have infringed me and thus expect you to exonerate yourself ('do your turns')'.

Finally in your example above it is surely appropriate that the two potential offenders know that there is a third party interest, including intent to protest, as they sort it out among themselves.

Personnally I suspect that many club and open sailors would soon wish for a return to the status quo ante if this suggestion were adopted.


Posted By: Brass
Date Posted: 06 Jul 15 at 12:33am
Originally posted by davidyacht

Assuming that there are new rules in the pipeline, how do we get a change to the nonsense that a legitimate protest can be kicked out if you don't say "protest", surely "do your turns" should be allowed, particularly if we are trying to encourage sporting behaviour.  As I see it, if there is an incident and nobody says protest, the perp knows he is home free if "protest" was not the first word uttered.

This particular case shows even more what a nonsense the current position is, surely as an observer it is reasonable to establish whether turns will be completed before taking action as a third party?

I appreciate this is how the rules are right now, nut surely we need something that encourages rule observance at club and open meeting levels?
You received cogent answers to all the questions you ask here in a long thread that you started in August 2014 http://www.yachtsandyachting.com/forum/forum_posts.asp?TID=11593&KW=reasonable+opportunity&title=protests-and-the-first-reasonable-opportunity" rel="nofollow - here .

How do we get a change in the rules?

Originally posted by jeffers

Submit a request to the RYA rules group then David.

'Do your turns' should be allowed

Originally posted by gordon

Hailing "Protest" is a clear and unambiguous message. It means 'I believe that you have broken a rule. I am initiating the dispute resolution process that the sport of sailing has decided to use and that both you and I, when entering the race, have agreed to use. I am informing you of my intention, when I get ashore, to lodge a formal protest. You now have the opportunity to take an alternative penalty if such a penalty is appropriate'

Not bad for one short word. 

Shouting "Do your turns'  on the contrary means 'You have annoyed me but I cannot really be bothered to do anything about it. 

ISAF rules are for use worldwide. All sailors throughout the world use exactly the same word to initiate sailng's chosen dispute resolution process. Even the French now use 'Protest' often pronounced 'Proté' and have invented the appalling neologism 'Protestation' to as a noun meaning Protest.

Critics of formality in this and other aspects of sailing seem to forget that even when they are sailing at their local club on an evening race they are competing on the first rung of the organised sport of sailing. 

Football players may enjoy a kick around in the park, with no referee and limited application of the rules. However, as soon as competition becomes in any way formal the man with the whistle is present, trying to apply, to the best of his ability the same rules as apply at the World Cup Final.

As sailors we should be proud of the self-policing tradition of our sport. We should do everything we can to reinforce that tradition. Using the word Protest is one way to do this.

Protest not the first word uttered?

Originally posted by Brass

For any level, I think that one or two words, such as 'Do your Turns Protest!' or 'Geeze you hit me Protest' should be quite acceptable.  The delay in uttering a short phrase is, in my opinion, trivial and should be disregarded by a protest committee.  Note we are talking in terms of only a few seconds here.

Wait for turns to be completed before hailing protest

That is not how your MNA has interpreted  the rules

Originally posted by Brass

... a pause while you look to see whether they have done turns or not is not acceptable.

RYA 1999/1
... A boat that waits to see whether another boat will take a penalty ... has not acted at the first reasonable opportunity.

We need something that encourages rule observance

Why do you say this?

Do you have any evidence that establishes that rules observance is good, bad or indifferent?


Posted By: Brass
Date Posted: 06 Jul 15 at 12:34am
Originally posted by craiggo

What, you expect ISAF to listen?

Yes, you'd better believe that if the RYA puts in a rules submission it will be carefully considered by the ISAF Racing Rules Committee, on which the RYA is represented, and eventually by the ISAF Council.


Posted By: andymck
Date Posted: 06 Jul 15 at 1:35am
The words used is always an interesting one.
I find "Do your turns" as the first thing uttered quite aggressive.
"Protest" is not.
This gives the protestee time to think without being put under pressure.
I have no issues at all with the wording of this, as accept that there can be a small delay, as long as it is the first hail between the boats, following the conclusion of the incident.
They can discuss whatever else after.
It is simple, clear and non confrontational. Unlike phrases such as "do your turns", as they are often in my experience shouted by the more aggressive sailor, who is often the one pushing the rules beyond the limit, and usually has no understanding of the word onus.


Andy


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Andy Mck


Posted By: deadrock
Date Posted: 06 Jul 15 at 10:51am
I happen to think the rule is correct as it is. ISAF is International, and so are its Rules (and ours). 'Protest ' is unambiguous and difficult to misinterpret, regardless of one's parent language. And it is mandatory in the Rule: 61.1(a); 'good manners' don't come into it. I personally think the imperative "Do your turns!" is more aggressive than "Protest", which is merely a statement.

However, "The fundamental principle is that when competitors break a rule they will promptly take a penalty, which may be to retire."  If someone calls to me: "Do your turns" I am fully entitled to ignore them, but if I know I was in the wrong I should still take the appropriate penalty.  The drawback is that this encourages the non-protestor to think that it was their call that got me to take the penalty, and they'll persist in the practice, only to be surprised when I ignore them on a future occasion. The answer is to always be in the right!


Posted By: Rupert
Date Posted: 06 Jul 15 at 7:47pm
I'd say that a small delay for a 3rd party to realise that the other boats are going to do nothing would be understandable. It can take more than a few seconds to realise what is going on in other people's boats at the best of times, let alone when in a stress situation. After the race, no, certainly not, but time to see that no action has been taken, why not? I expect our experts will disagree.

I have a bad habit, which I'm trying to break, of saying something like "well, someone should be doing turns". Basically what is going through my mind coming out verbally. Maybe I should make it come out as " protest" and see what happens!

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Firefly 2324, Puffin 229, Minisail 3446 Mirror 70686


Posted By: Brass
Date Posted: 07 Jul 15 at 12:30am
I'm not an expert, but I'll disagree (mildly).

I don't want to place too much reliance on the 'rules are rules' approach, and the time for informing the protestee might be viewed as, to a degree, arbitrary, but the 'as soon as reasonably possible' standard seems both logical and simple, and in the interests of simplicity should not be complicated by different variants for different 'statuses' of boats.

Remember, once you have hailed 'Protest' you can always choose not to follow through with a written protest.

Nowhere in the rules or cases is there any suggestion that a third party not involved in an incident should be treated any differently from boats involved.

Nobody gets 'thinking time'.

Specifically, nobody gets to see if a boat is taking a penalty

RYA 1999/1
... A boat that waits to see whether another boat will take a penalty ... has not acted at the first reasonable opportunity.

I would suggest that a reason for this, in part, is to not lead people into the idea that you can protest a boat for not taking a rule 44 penalty, only for the 'underlying' incident.

RYA 1981/7
A third boat that has witnessed an incident between other boats, and wishes to protest, cannot justify her own failure to display a protest flag on the grounds that none of the other boats lodged a valid protest after displaying a protest flag.

When a boat protests, believing that another boat has not taken a penalty as described in rule 44.2, she must establish first that the other boat broke a rule of Part 2 (or rule 31).

On the other hand, of course, a third party observer might be beyond hailing distance, in whihc case she need not hail but she shall inform the other boat at the first reasonable opportunity (rule 61.1( a )(1)).  But a protest committee might treat such a claim with some scepticism.


Posted By: gordon
Date Posted: 12 Jul 15 at 1:50pm
One could argue that when someone hails 'do your turns' rather than 'protest' they are:

- acting in a way that contravenes the basic principle of each competitor enforcing the rules. 'do your turns' effectively prevents the dispute resolution process set out in the rules from being used
- be considered as 'unfair sailing' as they are giving an instruction to another boat rather than using the protest system. This is trying to get someone else to take a penalty whilst refusing to take the appropriate action to ensure that the penalty is taken.


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Gordon


Posted By: davidyacht
Date Posted: 17 Jul 15 at 3:52pm
Gordon, whilst I have full respect for your point of view, and I can respect the protest system, the reality is that very few people at club racing level want to get involved in attending protests, clubs don't want them because they need to set up a protest hearing, find a chairman and a protest committee, the protestor doesn't want them because they would rather have a beer with their mates, partners don't want them because dinner is waiting, the protestee doesn't want them because he doesn't want to lose face, that is not forgetting the adversarial nature of the protest hearing, and quite frankly the likelihood that the protest committee will come to an unsatisfactory conclusion because it does not have the knowledge or experience to form a protest committee.

So with the above in mind to many, including myself, "do your turns" and the completion thereof, is a pretty satisfactory alternative.  I should add that "do your turns" is usually called in pretty straightforward incidents, such as port and starboard, windward leeward etc. and most of us accept this as a reminder that someone saw and objected to someone's action and we are not going to get away with the offence.

The fleet that I sail in is a pretty robust group of grumpy old men and we can take it when someone says "do your turns".  The joy is that it is accepted that if things are not resolved on the water or in the protest room (though in seven years I am unaware of such an event) matters are not taken off the water.

I would add that most of us are quite sensitive to the robustness of who we are calling, and for instance would probably not get into a "do your turns" discussion with nippers.

I should add, and I suspect someone will draw my attention that I have also said and been derided on this forum, that if someone says to me "do your turns" I now have the option of ignoring them because they have not said "protest" at the earliest opportunity, so I suppose "do your turns" is actually quite a polite request, since the caller has given up his right to protest and is merely inviting you to consider completing a voluntary penalty.

There are incidents that are not straightforward, given that we are not allowed thinking time, these situations are usually resolved with some self study after the race and an apology to or from the parties concerned.

This may not be the correct process but I suspect it works for weekend warriors up and down the country.


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Happily living in the past


Posted By: Rupert
Date Posted: 17 Jul 15 at 4:30pm
It does work, unless some start taking the piss, and at that point there is no proper method to prevent the grumbles. A properly done protest can clear the air. It is pretty much as you describe at our club.

I was actually congratulated on Wednesday night, sans wind, for how still we sat in the Firefly, no rocking. That I'd got 50 yards ahead and had 26 boats watching me might have had something to do with it, but aparrantly I set a very good example... had to be a first time for that!

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Firefly 2324, Puffin 229, Minisail 3446 Mirror 70686


Posted By: gordon
Date Posted: 17 Jul 15 at 6:19pm
Davidyacht - yes, you can chose to ignore the dispute resolution process that ailing has adopted - just as in playground soccer the offside rule is usually ignored.

What is the problem with saying 'Protest, do your turns!'

As for the logistical problems of holding a protest hearing - the more you do the easier it becomes. Nothing prevents you from hearing the protest standing up in the dinghy park as you come ashore.

Gordon


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Gordon


Posted By: Brass
Date Posted: 18 Jul 15 at 1:13am
Originally posted by gordon

One could argue that when someone hails 'do your turns' rather than 'protest' they are:

- acting in a way that contravenes the basic principle of each competitor enforcing the rules. 'do your turns' effectively prevents the dispute resolution process set out in the rules from being used
- be considered as 'unfair sailing' as they are giving an instruction to another boat rather than using the protest system. This is trying to get someone else to take a penalty whilst refusing to take the appropriate action to ensure that the penalty is taken.
To which someone else might respond:
  1. It is not a principle that competitors must enforce the rules:  the Basic Principle Sportsmanship  and the Rules does nothing more than state the pious expetaction of an ISAF President, long gone "Competitors ... are governed by a body of rules that they are expected to enforce":  no "shall" or "shall not" there.
  2. Even if it was agreed that enforcing the rules was a principle, given the vagueness of the wording, it would be very difficult to "clearly establish" (rule 2) that such a "principle" was violated by a boat making gratuitous hails (otherwise 90% of the UK dinghy fleet on any one Saturday would be on the hook)
  3. No rule requires a boat to protest, under any circumstances.  Rule 60.1( a ) provides that a boat may protest another boat.  A rule conferring a right does not confer an obligation.   A boat has an absolute discretion whether to protest or not.


Posted By: Brass
Date Posted: 18 Jul 15 at 1:50am
Originally posted by davidyacht

Gordon, whilst I have full respect for your point of view, and I can respect the protest system, the reality is that

I hope you are only speaking for your own, or a small minority of clubs and competitors, who, as Gordon suggests are content to play by some sort of 'playground rules' here.

Sadly, you seem to be rehearsing all the rhetoric for encouraging a 'no protest' culture, when only a few posts ago in this thread you said "surely we need something that encourages rule observance" 

 very few people at club racing level want to get involved in attending protests,

Protesting is a two-stage protest:  hail 'Protest [and red flag] on the water, then delivery of a written protest followed by hearing later.

Sometimes, even though people don't want to get involved in a protest hearing, because they think an incident was an egregious or unsporting breach, or for some other reason, they do want to take an issue through to a formal hearing.  If they don't play by the simple rules and hail 'Protest' at the time of the incident, they forgo this opportunity.

 clubs don't want them because they need to set up a protest hearing, find a chairman and a protest committee,

That would suggest that the clubs you have in mind have a somewhat impoverished view of the game.  As Gordon said, it doesn't take much to arrange a protest hearing:  all you need is three experienced sailors and a rule book.

The RYA through the Exoneration Penalty and Arbitration system makes it even less resource-intensive to run a system that will resolve the majority of rules incidents.

 the protestor doesn't want them because they would rather have a beer with their mates,

Sure the protesting boat can play roll over and tickle my tummy, as long as they don't whinge later about other boats breaking the rules.

 partners don't want them because dinner is waiting,

Can't find much witty to say about partners, but if the club puts its mind to it, there are ways to run protests that don't impinge excessively on social time.

 the protestee doesn't want them

 because he doesn't want to lose face,

but that's often the very point of the protesting boat going on with a protest

 that is not forgetting the adversarial nature of the protest hearing,

So we go out there all afternoon in an adversarial racing environment then can't face three of our peers inquiring into an alleged breach of the rules?

But I don't agree that protest hearings are necessarily 'adverserial' or 'confrontational' in any case:  they certainly don't have to be.

 and quite frankly the likelihood that the protest committee will come to an unsatisfactory conclusion because it does not have the knowledge or experience to form a protest committee.

I just have to stone motherless disagree with you here.

Participating in protest hearings is not that difficult, and in my experience the 'corporate wisdom' of a three member protest committee usually gets the rules right.

So with the above in mind to many, including myself, "do your turns" and the completion thereof, is a pretty satisfactory alternative.  I should add that "do your turns" is usually called in pretty straightforward incidents, such as port and starboard, windward leeward etc. and most of us accept this as a reminder that someone saw and objected to someone's action and we are not going to get away with the offence.

OK, but as people have repeatedly said "Protest, do your turns" works better in a rules sense.

The fleet that I sail in is a pretty robust group of grumpy old men and we can take it when someone says "do your turns".  The joy is that it is accepted that if things are not resolved on the water or in the protest room (though in seven years I am unaware of such an event) matters are not taken off the water.

I would add that most of us are quite sensitive to the robustness of who we are calling, and for instance would probably not get into a "do your turns" discussion with nippers.

Regrettably, we hear all too many stories about adults shouting down junior sailors.

I should add, and I suspect someone will draw my attention that I have also said and been derided on this forum, that if someone says to me "do your turns" I now have the option of ignoring them because they have not said "protest" at the earliest opportunity,

Not if you know you have broken a rule you don't have an option.

But lacking the trusty Brain-o-Scope, no protest committee is ever going to know what you know.

 so I suppose "do your turns" is actually quite a polite request, since the caller has given up his right to protest and is merely inviting you to consider completing a voluntary penalty.

There are incidents that are not straightforward, given that we are not allowed thinking time, these situations are usually resolved with some self study after the race and an apology to or from the parties concerned.

And this is where the RYA Exoneration Penalty really comes into its own, to allow a boat, after mature reflection, to decide she was in the wrong and take a penalty.

This may not be the correct process but I suspect it works for weekend warriors up and down the country.


Posted By: davidyacht
Date Posted: 18 Jul 15 at 10:06pm
Well Brass, I guess I rather set myself up there.  Thanks for the second time for pointing me in the direction of a useful RYA resource that I was oblivious to. 

I guess that you need a bit of a rules guru to act as an arbitrator?  Does anyone have hands on experience of RYA Exoneration Penalties working? 

I think that the point that I was making, perhaps imperfectly, is that for most of us alternative penalties work .... The discussion is about semantics, whether you say "protest" or "do your turns".  I guess that I am a bit of a dinosaur and "do your turns" is embedded in my brain from Team Racing in the 70's ... Which is probably why I regret the demise of the mast abeam rule.


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Happily living in the past


Posted By: davidyacht
Date Posted: 18 Jul 15 at 10:12pm
Well Brass, I guess I rather set myself up there.  Thanks for the second time for pointing me in the direction of a useful RYA resource that I was oblivious to.  I shall point our Sailing Committee in its direction.

Do you need a bit of a rules guru to act as an arbitrator? 

Does anyone have hands on experience of RYA Exoneration Penalties working? 

I think that the point that I was making, perhaps imperfectly, is that for most of us alternative penalties work .... The discussion is about semantics, whether you say "protest" or "do your turns".  I guess that I am a bit of a dinosaur and "do your turns" is embedded in my brain from Team Racing in the 70's ... Which is probably why I regret the demise of the mast abeam rule.


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Happily living in the past


Posted By: Brass
Date Posted: 19 Jul 15 at 7:16am
Originally posted by davidyacht

Well Brass, I guess I rather set myself up there.  Thanks for the second time for pointing me in the direction of a useful RYA resource that I was oblivious to.  I shall point our Sailing Committee in its direction.

Not least of the good RYA resources are the judges and race officers belonging to the regional racing rules committees, who, I understand, are ever-willing to provide advice and assistance.

An excellent way to build up your network with more experienced race officials (as well as gaining knowledge and understanding) is to attend judges/race officers training and obtain accreditation.  If the RYA trainining is anything like ours in Australia, its excellent value.

Do you need a bit of a rules guru to act as an arbitrator? 

Well, you need a 'sound' knowledge of the rules, like when 15, 16 and 17 are likely to apply and when not, when rule 18 starts and finishes, and the right of way > limitation > room > exoneration process.  This comes from a willingness to read the rules carefully. 

An arbitrator also needs a good knowledge of the Arbitration Rules he or she is operating under, particularly what can and can't be decided by arbitration, and whether and at what point an ?Arbitration Penalty becomes binding.

Remember an Arbitrator can always bail out and say "this is getting too difficult for me, it should go on to a protest hearing".

Which brings me to an important point.  More important than rules knowledge, IMHO, is an understanding of how to run arbitration/mediation, and an objective, non-judgemental mind-set.  Unfortunately, some people who want to be Arbitrators have an authoritarian, or 'bossy' personality, and sometimes don't give parties a sense of being listened to, and sometimes rush into decisions based on insufficient information, or insufficient rules knowledge, which they express rather too forcefully.

The goal of an Arbitration (as it is for a protest hearing) is for everybody to go away feeling, if not happy, at least that they have had a fair deal.

There is another down-side to Arbitration, and that is, by avoiding full committee protest hearing, it reduces the opportunity for to build the experience of protest committee members an potential members.



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