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Protest procedure

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Brass View Drop Down
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Topic: Protest procedure
    Posted: 23 Nov 14 at 1:01pm
Originally posted by Brass

The normally expected outcome of an advisory hearing where a boat accepts that she has broken a rule would be that the boat would take an Exoneration Penalty.

Any invitation or suggestion that she should retire would be grossly improper.

Sorry folks, I was wrong to say that any suggestion to retire would be improper:  rule 44.1( b ) provides that if a boat caused injury or serious damage or gained a significant advantage by her breach of a rule her penalty shall be to retire, and should this become evident in an Advisory Hearing, retirement, rather than the Exoneration Penalty would be appropriate.

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Post Options Post Options   Quote Guests Quote  Post ReplyReply Direct Link To This Post Posted: 23 Nov 14 at 11:42am
Originally posted by JimC

Originally posted by Peaky

...it seems a bit inconsistent to allow the assistance of others in affecting someone's race result.

we're in a sailing competition though, not a rules competition. Why would we want to do anything that might reduce the fairness of a protest outcome? Consider a talented sailor who is Learning Disabled, as I understand the current PC phrase is (correct me if wrong). Wouldn't you want them to have all possible assistance in dealing with the off the water process?


Well, yes, of course. But the same sailor would also benefit from on the water advice too, as would any tactically naive or rule-ignorant sailor (e.g. me!). But we don't allow real time coaching via ear pieces. Just an observation, not wanting to derail the topic.
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Post Options Post Options   Quote andymck Quote  Post ReplyReply Direct Link To This Post Posted: 23 Nov 14 at 11:30am
Brass.
I politely request (ie invite) you consider looking up the definition of the word invite. Or please let us know why we should not continue to be polite when carrying out this process? I am quite prepared to be rude in such circumstances, but feel this would be against the RYA racing charter.
After all I was only commenting in the manner in which this process is intended to be carried out, which is a non confrontational and friendly way, and suggesting that the said protest committee seemed to have had some confusion on which system they were using as they did not have a written protest, which is not required for advisory hearing.

Andy.
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 23 Nov 14 at 9:44am
Originally posted by Peaky

...it seems a bit inconsistent to allow the assistance of others in affecting someone's race result.

we're in a sailing competition though, not a rules competition. Why would we want to do anything that might reduce the fairness of a protest outcome? Consider a talented sailor who is Learning Disabled, as I understand the current PC phrase is (correct me if wrong). Wouldn't you want them to have all possible assistance in dealing with the off the water process?
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 23 Nov 14 at 9:28am
Originally posted by Peaky

I don't know the technicalities, but couldn't you argue that you are racing all the while your result is still alterable? I guess not, ifficult to have a port/starboard in the bar... But still it seems a bit inconsistent to allow the assistance of others in affecting someone's race result.
No you could not argue that you are racing at any time other than when the Definitions say you are racing.

Racing A boat is racing from her preparatory signal until she finishes and clears the finishing line and marks or retires, or until the race committee signals a general recall, postponement or abandonment.


Edited by Brass - 23 Nov 14 at 1:05pm
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 23 Nov 14 at 12:43am
Originally posted by andymck

It is in your link.
They even use the word invite for the arbitration penalties in the summary table. Retirement is the only penalty that a boat is invited to accept in cases of serious damage or injury, or if the 20% option is not in the SI's.
Definition of invite: to politely request.

I was wrong to say a boat may not retire in an arbitration hearing, there is a confusing paragraph in the introductory page. The document itself quite clearly state that a boat may accept an alternate penalty which includes the opportunity of retirement up until the point of the full hearing.
Each of those references was in the context of Arbitration.

Nowhere in the context of Advisory Hearings is the word 'invite' used.

This appears to me to be a very pointed omission.
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Post Options Post Options   Quote andymck Quote  Post ReplyReply Direct Link To This Post Posted: 22 Nov 14 at 11:32pm
It is in your link.
They even use the word invite for the arbitration penalties in the summary table. Retirement is the only penalty that a boat is invited to accept in cases of serious damage or injury, or if the 20% option is not in the SI's.
Definition of invite: to politely request.

I was wrong to say a boat may not retire in an arbitration hearing, there is a confusing paragraph in the introductory page. The document itself quite clearly state that a boat may accept an alternate penalty which includes the opportunity of retirement up until the point of the full hearing.


Andy

Edited by andymck - 23 Nov 14 at 12:34am
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Post Options Post Options   Quote Guests Quote  Post ReplyReply Direct Link To This Post Posted: 22 Nov 14 at 11:32pm
I don't know the technicalities, but couldn't you argue that you are racing all the while your result is still alterable? I guess not, ifficult to have a port/starboard in the bar... But still it seems a bit inconsistent to allow the assistance of others in affecting someone's race result.

Edited by Peaky - 22 Nov 14 at 11:32pm
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Brass View Drop Down
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 22 Nov 14 at 10:52pm
Originally posted by andymck

Brass regarding the advisory process.

The RYA website quite clearly states you are invited (as it can not be enforced) to accept a penalty if it is written in the sailing instructions or retire.   You may do either or even neither as it also states that you do not have to accept the outcome of an advisory hearing and therefore not accept any penalty. This is supposed to be used when neither boat wants formerly protest, but wish to know what the rules mean. 

This just formalises the gentlemanly and ladylike conversations that have gone on in many clubs anyway. 

Arbitration which is more formal does not allow you to retire, as it is a formal hearing. Again the penalty is short of a DSQ.

The reason for mentioning it was that you don't use a written protest form with an advisory hearing, after that this obviously did not follow the process. Most uk clubs ought to be offering these options outside of major championships.

I hope this confuses up any confusion.

I certainly agree that Exoneration Penalty and, subject to having good Rules Advisors or Arbitrators, Advisory Hearings and Arbitration should be available for club events.

I really cannot find any references on the RYA website to a boat being invited to retire.

Could you please provide a web link to the RYA source that you rely on?

Secondly, can you please provide a reference that says that a boat may not retire at any time, including during an Arbitration or Protest Hearing.
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 22 Nov 14 at 10:18pm
Originally posted by Peaky

Is seeking advice on a forum about whether to appeal a protest allowed. It seems a bit like getting outside assistance.

Rule 41 Accepting Help is a rule of Part 4 OTHER REQUIREMENTS WHEN RACING.

Preparing an appeal after a boat has finished and attended a protest hearing is not 'when racing'.
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