(pillow)Case of the Week (29) – 85;

(This is an instalment in a series of blogposts about the ISAF Call book 2009-2012 with amendments for 2010. All calls are official interpretations by the ISAF committees on how the Racing Rules of Sailing should be used or interpreted. The calls are copied from the Call book, only the comments are written by me.)

Case 85

Again, to all numerologist: Case 86 has been scrapped.

Rule 61.1, Protest Requirements: Informing the Protestee
Rule 86.1(c), Changes to the Racing Rules
Definitions, Rule

If a racing rule is not one of the rules listed in rule 86.1(c), class rules are not permitted to change it. If a class rule attempts to change such a rule, that class rule is not valid and does not apply.

Summary of the Facts

Boats in the XYZ Class have hulls 8 m long. Rule 5 in the XYZ Class Rules states:
The requirement in racing rule 61.1 to display a red flag shall not apply to the XYZ Class unless specifically required in writing in the sailing instructions of a race or series of races.

In a race for XYZ Class boats, boat A protested boats B and C and noted on her protest form that she did not display a red flag because it was not required by her class rules. The protest committee, relying on class rule 5, decided the protest was valid and B objected to that decision on the grounds that class rule 5 was not valid. Despite B’s objection, the protest committee proceeded with the hearing and disqualified B and C. B appealed.

Decision

B’s appeal is upheld. Paragraph (d) of the definition Rule makes it clear that class rules apply to a race. Class rules may change racing rules, but only the rules listed in rule 86.1(c). Rule 61 is not listed there, and therefore class rule 5, which attempts to change rule 61.1, is not valid and can not apply. The sailing instructions might have changed rule 61.1 as permitted in rule 86.1(b), but did not do so. Therefore, A’s protest was invalid and should have been refused. Accordingly, the protest committee’s decisions are reversed, and the two boats are reinstated in their finishing places.

USSA 1994/299

This case illustrates clearly that even if the sailors have done what was expected of them and adhered to the rules as best as they could – as written in the sailing instructions and class rules in this case – the PC has NO option but to follow ALL the rules, including interpretations in the official Case-book.

That may be perceived as very unfair as I have experienced in a recent event.

I’m preparing a post about that, involving BFD and sailing in restarted race.

Watch this space….
J.