New Posts New Posts RSS Feed: Who can protest?
  FAQ FAQ  Forum Search   Register Register  Login Login

Who can protest?

 Post Reply Post Reply Page  123 4>
Author
Brass View Drop Down
Really should get out more
Really should get out more


Joined: 24 Mar 08
Location: Australia
Online Status: Offline
Posts: 1151
Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Topic: Who can protest?
    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.
Back to Top
davidyacht View Drop Down
Really should get out more
Really should get out more


Joined: 29 Mar 05
Online Status: Offline
Posts: 1345
Post Options Post Options   Quote davidyacht Quote  Post ReplyReply Direct Link To This Post 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.
Happily living in the past
Back to Top
davidyacht View Drop Down
Really should get out more
Really should get out more


Joined: 29 Mar 05
Online Status: Offline
Posts: 1345
Post Options Post Options   Quote davidyacht Quote  Post ReplyReply Direct Link To This Post 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.
Happily living in the past
Back to Top
Brass View Drop Down
Really should get out more
Really should get out more


Joined: 24 Mar 08
Location: Australia
Online Status: Offline
Posts: 1151
Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post 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.


Edited by Brass - 18 Jul 15 at 6:12am
Back to Top
Brass View Drop Down
Really should get out more
Really should get out more


Joined: 24 Mar 08
Location: Australia
Online Status: Offline
Posts: 1151
Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post 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.
Back to Top
gordon View Drop Down
Really should get out more
Really should get out more


Joined: 07 Sep 04
Online Status: Offline
Posts: 1037
Post Options Post Options   Quote gordon Quote  Post ReplyReply Direct Link To This Post 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
Gordon
Back to Top
Rupert View Drop Down
Really should get out more
Really should get out more


Joined: 11 Aug 04
Location: Whitefriars sc
Online Status: Offline
Posts: 8956
Post Options Post Options   Quote Rupert Quote  Post ReplyReply Direct Link To This Post 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!
Firefly 2324, Puffin 229, Minisail 3446 Mirror 70686
Back to Top
davidyacht View Drop Down
Really should get out more
Really should get out more


Joined: 29 Mar 05
Online Status: Offline
Posts: 1345
Post Options Post Options   Quote davidyacht Quote  Post ReplyReply Direct Link To This Post 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.
Happily living in the past
Back to Top
gordon View Drop Down
Really should get out more
Really should get out more


Joined: 07 Sep 04
Online Status: Offline
Posts: 1037
Post Options Post Options   Quote gordon Quote  Post ReplyReply Direct Link To This Post 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.
Gordon
Back to Top
Brass View Drop Down
Really should get out more
Really should get out more


Joined: 24 Mar 08
Location: Australia
Online Status: Offline
Posts: 1151
Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post 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.


Edited by Brass - 07 Jul 15 at 1:07am
Back to Top
 Post Reply Post Reply Page  123 4>

Forum Jump Forum Permissions View Drop Down

Bulletin Board Software by Web Wiz Forums® version 9.665y
Copyright ©2001-2010 Web Wiz
Change your personal settings, or read our privacy policy