Last weeks appeal for a copy of the Sailing Instructions had results. I received a scanned copy. Together with the NOR a couple of questions and remarks I made, can now be answered, but they also introduce a few new issues.
If you're reading about this case-study for the first time, I suggest you go back to part one and part two before reading this post.
The organizing authority according to the SI is the Museum of Yachting. I'm not sure if a museum can be a member if US-Sailing, but perhaps it's possible.
If they are, they can organize a regatta according to rule 88.1(c).
If they are not affiliated to US-Sailing, they can organize a regatta under RRS 88.1(e) or (f). In both rules the conjunction of an affiliated club is needed. In RRS 88.1(e) this club then has to own or control the unaffiliated body (MoY in our case), which is highly unlikely. That leaves 88.1(f): MoY can - if approved by ISAF and by US-Sailing - organize a regatta in conjunction with an affiliated club where the MOY is not owned or controlled by the club.
There's no mention of any club in the NOR but there is in the SI. However, some ambiguous wording is used. I quote: "The Organizing Authority is the Museum of Yachting With Race Committee support by The New York Yacht Club"
Race Committee support? What does this mean?
Is the NYYC involved as a club or are individual members helping the MoY?
Does this comply with RRS 88.1(f)?
What do you think?
Like I previously stated the NOR mention that a boat may not enter without carrying a liability insurance. The SI repeat the conditions for entry regarding liability insurance and the signing of a waiver by the captain and crew. The waiver states that the sum covered must be $300.000,-. All neat and covered.
What if a boat who doesn't sign a waiver sails the regatta?
Not possible, you would think, entry would be refused, that boat shall not sail!
The waiver has to be handed in no later than 10:00 hours on Saturday July 6th, 2007 according to the NOR (NB: I'm assuming this should read: 10:00 hours on Saturday July 7th, 2007, as being the first day of the regatta), signed by the skipper and each crew member.
10:00 hours is one hour before a scheduled Skippers' meeting. Prudence would dictate that entries have been checked by that time and any problems with it can subsequently be addressed at that meeting.
But what if the entered boat - without a waiver - doesn't attend that Skippers' meeting?
She reported to Race Headquarters the previous evening between 17:00 and 19:00 hours, registered and picket up her Skippers package. "I haven't yet gotten all signatures, some of my crew arrive tomorrow morning, ok?" and out the door she goes... never returning the waiver as promised the next morning. But the scorer gets notified the boat has entered and is to be included in the starting list.
At the starting area that same boat lines up to start around 13:00 hours or later (according to her class). Either the PRO has been notified by the Race Office that Yacht so and so, hasn't signed the necessary waiver or he has not been so informed.
In the first possibility he can send out his support boat to that yacht, informing them they may not enter and should leave the race area. Or seek contact on VHF to do the same, perhaps when that Yacht checks in at the stern of the committee boat. Something the SI require every boat to do.
In the second possibility he doesn't know, so he does nothing and the Yacht starts and sails the regatta.
Surely this is a unlikely set of circumstances to happen?
Apparently not, because in the NOR this possibility is acknowledged by, and I quote: "Yachts without properly signed waivers on file with MoY will not be scored"
Not "....will be protested by the RC" or anything of that nature. Not be scored!
Plain and simple, that boat is breaking a rule and - in my opinion - should be disqualified by the PC. If the reason for breaking that rule is not adequate - that DSQ should be not excludable under rule 89.3(b).
Before you start telling me that a yacht without a properly signed waiver cannot be entered and is in fact not a competitor, consider this: If a non-competitor sails around acting as one, how are other yachts to know? And also, if she's considered to be 'not a competitor', the PC and any Appeal committee have no jurisdiction over her. You cannot protest a boat who isn't entered in the regatta. Then you can chuck the rules, including the carefully compounded NoR, the SI and waivers, in to the rubbish bin, because they don't apply to a boat who isn't entered.
The amount of $ 300.000,- the insurance should cover, seems very low. Surely these classic yachts have a far greater value? If I go racing with my own boat, a 6 meter open keel boat (Valk 742), the standard amount is € 500.000,- which is about $ 785.000,- already...
Are insurance-premiums that much higher in the USA?
Finally in answer to to one of the responders to a previuos post, the MOY will host a 2008 event for both of it's classic yacht regatta's.
The 1st being 3rd annual Robert Tiedemann Classic Yacht Regatta, July 5-6 2008.
The 2nd will be it's 29th Annual (classic) Regatta, Aug 30-31 2008.
The Organizing Authority for both regatta's and race management will be provided by Sail Newport (new this year) in conjunction with The Museum of Yachting. Info will be posted at www.moy.org or www.sailnewport.org. It is currently listed on the printable calendar available on Sail Newport's website.
(Thanks Ron, for this info!)
Next time in Amorita vs Sumurun | 4:
The impact on the regatta of the use of an experimental definition of keep clear, changes in RRS 14 and 44.1, arbitration, modifications in RRS 61.1(a) and alternative (scoring) penalties.