Protests

1
Protests

• Pentwater Yacht Club
• September 2007

2
Basic PrincipleSportsmanship and the Rules

• Competitors in the sport of sailing are governed
  by a body of rules that they are expected to
  follow and enforce. A fundamental principle of
  sportsmanship is that when competitors break a
  rule they will promptly take a penalty, which may
  be to retire.

3
Basic PrincipleSportsmanship and the Rules

• As a good sportsman when you violate a rule you
  are expected to take a penalty you do NOT have to
  wait for a protest.
• In a collision have you ever withdrawn from a
  race?

4
Purpose of Rules

• A basic purpose of the rules is to prevent
  contact between boats US Sailing Prescription
• Rules are established currently in 4 year cycles.
  The current cycle is 2005 through 2008

5
Basic Rules

• PART ONE RULES
• 1-Safety
• Vessel is required to give aid to persons or
  vessels in Danger
• Life Saving Equipment and Personal Buoyancy
• 2 Fair Sailing
• 3 Acceptance of Rules
• 4 Decision to Race
• 5 Banned Substances

6
Basic Rules

• PART TWO RULES
• 10-Opposite Tacks
• Port Tack shall keep clear of Starboard Tack
• 11 Same Tack Overlapped
• Windward shall keep clear of Leeward
• 12 Same Tack Not Overlapped
• Clear astern shall keep clear of Clear Ahead
• 13 While Tacking
• After a boat passes head to wind she shall keep
  clear of other boats until she is on close hauled
  course. Rules 10,11,12 do NOT apply during this
  time

7
Basic Rules

• 14-Avoiding Contact
• A boat shall avoid contact with another boat if
  reasonably possible.
• 15 Acquiring Right of Way
• Initially give Room to Keep Clear
• 16 Changing Course
• Must give other boat Room to Keep Clear
• Other rules become more specific for instances
  but knowing the basics cover most instances.

8
Protest Rules

• Method of correction or adjustment for alleged
  infraction of the rules.
• There are rules and requirements for protests.

9
PROTEST!!!

• Part 5 Section A
• 60 Right to Protest or Request Redress
• Boat Protesting must be involved for Rule 2
  protest
• OR have seen the incident.
• Race Committee may protest a boat
• Protest Committee may protest a boat
• The most common protests are boats protesting
  boats.

10
PROTEST!!!

• Part 5 Section A
• 61 Protest Requirements
• Informing the Protestee
• First Reasonable Opportunity Requirement
• Best Course of Action DO IT IMMEDIATELY
• Hail loudly PROTEST!!
• Fly Protest Flag at first available Opportunity
• This means as soon as possible without
  interfering with the sailing of the boat. DO IT
  NOW!!

11
PROTEST!!!

• Case examples of Flag timing
• Case 67- Incident Occurred, Helmsman inspected
  stern, spinnaker hoisted, penalty flag was set.
• Protest Committee determined flag was not
  displayed at first reasonable opportunity
  declared protest invalid.
• Appealed- Protest Committee decision confirmed.

12
PROTEST!!!

• Case examples of Flag timing
• Appeal 82.
• Two boat length tack and maneuver
• Competing Boat Hit Mark
• Prompt Protest Announced
• Boat had offset Mark following with a 110 degree
  wind. Boat Protesting had all persons on rail to
  hold boat down and did not raise flag until
  immediately after offset mark. Flag was
  displayed 12-20 seconds after Protest announced
  but after sailing offset leg.
• Protest Appealed on grounds of failure to display
  flag at first opportunity

13
PROTEST!!!

• Case examples of Flag timing
• Appeal 82.
• Appeal Denied
• A boat is not obligated to give priority to
  displaying a flag at the cost of the crew failing
  to act to keep the boat under control or delaying
  a spinnaker set.
• The 12-20 second delay for the offset mark still
  met the requirement to signify the protest at the
  first reasonable opportunity.

14
PROTEST!!!

• Case examples of Flag Type
• 40 foot boats Incident occurred a 2 by 8 strip
  of red cloth was flown from backstay
• Protest committee disallowed protest because the
  flag used was not conspicuously displayed as
  required in rule 61.1 part a.
• Appealed- appeal upheld because flag was not of a
  size to be conspicuously displayed

15
PROTEST!!!

• Case 72
• What is the test of whether an object is a flag
  within the meaning of rule 61.1(a)?
• In Context of rule 61.1(a)a flag is used to
  communicate the message I intend to protest
  Only if the object used as a flag communicates
  that message with little or no possibility of
  causing confusion on the part of those on
  competing boats, will the object qualify as a
  flag.

16
PROTEST!!!

• A Protest Flag costs 6.95 has a split tail and
  meets all requirements for boats larger than 6
  meters. If you are going to protest use the flag
  that is appropriate.
• A Protest Flag does NOT have to have a split tail
  to be a valid protest flag. The flag must be RED
  Conspicuous and not mistaken for anything other
  than protest notification.
• A red baseball cap does not qualify a flag!

17
PROTEST!!!

• What is a Protest Flag?
• Must it have split tail ?
• What is the definition.
• How long must you fly the flag?

18
PROTEST!!!

• What happens if you inform of protest and do not
  proceed with the protest?
• What is your risk?
• What is the penalty?

19
PROTEST!!!

• What happens when you complete the race?
• Protest must be delivered to the race committee
  NO later than the time limit described in the
  race instructions.
• IF no time limit is stated the time limit is TWO
  HOURS after the last boat in the race finishes.

20
PROTEST!!!

• Protest MUST be filed in writing.
• Must identify
• Protestor
• Protestee
• Incident including where and when it occurred
• The rules alleged to have been broken
• The name of the Protestors representative.
• USE THE US SAILING FORM
• Standardized Form
• Has the tools and questions
• On the Web Site to print out

21
PROTEST HEARING

• Hearing
• A boat may not be protested without a hearing.
• ALL parties to a hearing shall be notified of the
  time and place of the hearing and they shall be
  allowed reasonable time to prepare.
• The parties to a protest have a right to be
  present during the presentation of evidence.
• Any witness other than a member of the protest
  committee unless giving evidence is not allowed
  in the protest hearing.
• If a party does not attend the protest committee
  may nevertheless decide the protest.
• The committee MAY reopen a hearing if a party is
  unavoidably absent.

22
PROTEST HEARING

• Hearing
• An interested party may not participate in a
  hearing unless giving evidence.
• A party to the hearing who feels a member is
  interested should object at the earliest
  opportunity.

23
PROTEST HEARING

• Hearing
• You should always have a rule book and have
  reviewed thoroughly the rules involved.
• Think of this as your time in court to present
  your side just like a debate.
• Avoid personality stick to clear and concise
  rules.
• Inconsistent testimony hurts your case a great
  deal. Make sure you have the facts listed and
  covered.

24
PROTEST HEARING

• Hearing-What Happens
• First Step is determine validity of protest
• Was the protest announced?
• There are exceptions but they are limited.
• Was the protest Flag displayed as soon as
  possible and through the end of the race?
• Was the protestee informed?
• Was the protest filed within the time limit?
• If the committee determines the protest is valid
  it can hear the protest.
• If NOT valid the process stops right here.

25
PROTEST HEARING

• IF a protest is found valid the Protest Committee
  will next Take Evidence and Find Facts.
• The protest committee has the right to exonerate,
  disqualify, or disallow.
• The protest committee MAY reschedule but is not
  required to do so.
• The protest committee may proceed in the absence
  of a participate and complete the protest.

26
PROTEST HEARING

• Upon conclusion and finding the Protest Committee
  shall inform the participants of its finding.
• A written copy is NOT required unless requested
  by a participant.
• We have provided written copies of the findings,
  rules, and opinions to aid in understanding.
  This is NOT required.

27
PROTEST HEARING

• The protest committee MAY reopen a hearing when
  it determines it may have made a significant
  error or when significant new evidence becomes
  available.
• The protest committee may request confirmation of
  its decision from a higher authority.

28
APPEALS

• Provide the right to appeal has not been denied
  under rule 70.4 a party to a hearing may appeal a
  protest committees decision or its procedures,
  but not the facts found.
• You can appeal interpretation but NOT FACTS
  FOUND.

29
Recent Protests at PYC

• In general the findings were upon review agreed
  to by parties involved.
• Redress was confirmed by nearest competitor
  involved.
• Were discussed with the idea of fairness and
  application of the rules. In one case the
  protestee requested a delay so the protestor
  could be present.

30
Recent Protests at PYC

• The general attitude of fairness is a good
  example for sailing in the future.
• Protests will occur and we may not always agree.
• Racing is for fun!
• It is an honorable sport
• if you are clearly wrong accept the penalty.
• DO NOT HIT ANOTHER BOAT or you may violate Rule
  14 and also be disqualified.

31
RULES ARE IN PRIORITY

• What is the first rule in the Racing Rules?
• Rule 1.1
• Helping Those In Danger
• Rule 1.2
• Life Saving Equipment and Personal Buoyancy

32
Questions?

• We will review two cases to show the process for
  the protest and to acquaint you with the hearing
  process.