In our new series about the changes in the rules for 2009-2012, today a spotlight on rule 3; Like before, the changes are in red:
3 ACCEPTANCE OF THE RULES
By participating in a race conducted under these racing rules, each competitor and boat owner agrees
(a) to be governed by the rules;
(b) to accept the penalties imposed and other action taken under the rules, subject to the appeal and review procedures provided in them, as the final determination of any matter arising under the rules; and
where the matter is not one to be determined under the rules, with respect to any such determination, not to resort to any court of law or any tribunal until all internal remedies provided by the ISAF or by the Court of Arbitration for Sport have been exhausted.
Does this mean any change?
I do not think so; The wording has changed a bit, but sailors still can go to ISAF or the Court of arbitration if they think an International Jury has made a procedural error. But wait, there is a change: in the current rule book you could go to court, once all internal remedies were exhausted! That will no longer be possible.
Once the standing in the regatta have been trough all the hearings and appeals available within the rules, and the procedure has been tested by ISAF or the Tribunal, it is over. If you enter a regatta you agree not to go to court after that. The courts may not award you first price!
Courts still will handle all liability issues, because the rules specifically don't deal with that.
That was a very short one, so on to rule 5:
BANNED SUBSTANCES AND METHODS ANTI-DOPING
A competitor shall
neither take a substance nor use a method banned by comply with the World Anti-Doping Code, the Olympic Movement Anti-Doping Code or the rules of the World Anti-Doping Agency, and shall comply with ISAF Regulation 21, Anti-Doping Code. An alleged or actual breach of this rule shall be dealt with under Regulation 21. It shall not be grounds for a protest and rule 63.1 does not apply.
Again no change we need to worry about in the room. Just a better wording and for the Anti-Doping Agency to possibility to change the list of 'forbidden' substances independent of any rule cycle.
Do any of you have any experience in a doping issue?