(pillow)Case of the Week (35) – 78;

(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 78

Rule 2, Fair Sailing
Rule A2, Series Scores

A boat may position herself in a tactically controlling position over another boat and then slow that boat’s progress so that other boats pass both of them, provided that, if she is protested under rule 2 for doing so, the protest committee finds that that there was a reasonable chance of her tactic benefiting her series result. However, she breaks rule 2 if she intentionally breaks another rule to increase the likelihood of the tactic succeeding.

Assumed Facts for Questions 1 and 2
Boat A was well ahead of B. Both boats were on the last leg of the course in the final race of a one-design class series. Suddenly, A changed course so that she sailed back down the course towards B and positioned herself in a tactically controlling position over B. A then slowed B’s progress, resulting in three boats passing them. While A was controlling B and slowing her progress, both boats remained on the last leg of the course, and A did not break any rule, except possibly rule 2. A had calculated her own and B’s series scores, and had determined that if B were to be passed by three boats A would defeat B in the series.

Question 1
Did the tactic used by A, turning back and slowing another boat’s progress, break rule 2? Is this tactic acceptable at any time during any race of a series?

Answer 1
A’s tactic was in compliance with recognized principles of sportsmanship and fair play because the tactic was intended to benefit her own series result. A boat may use such a tactic at any time during any race of a series without breaking rule 2, provided that, if she is protested for using the tactic, the protest committee finds that there was a reasonable chance that her tactic would benefit her series result. A boat will usually be unable to meet this criterion unless she is in the final race or races of a series in which the scoring system permits one or more race scores to be excluded when series scores are calculated. If she fails to meet the criterion, she breaks rule 2.

Notwithstanding the argument in the paragraph above, a boat also breaks rule 2 if she intentionally breaks another rule to increase the likelihood of the tactic succeeding.

There are several formats for a ‘series’ of races. Most are simply a single set of, for example, seven races, where the winner is the boat with the lowest series score (see rule A2). Others, such as one-design class championships with large fleets, involve a qualifying series followed by a final series. For the purposes of this case, a ‘series’ is a set of races, including the race in which the questionable tactic was used, governed by a particular notice of race and sailing instructions.

Question 2
Would the answer to Question 1 be different if A had been unsuccessful in
her tactic – i.e., if three boats had not passed B?



Answer 2
No. A boat may use the tactic that A used even if she uses it unsuccessfully, provided the protest committee finds that there was a reasonable chance that the tactic would benefit her series result (see Answer 1).

Assumed Facts for Question 3
Boat A was ahead of B. Both boats were on the same leg. A positioned herself in a tactically controlling position over B and then slowed B’s progress, resulting in several boats passing them. One of the boats that passed both A and B was C. While controlling B and slowing her progress, A did not break any rule, except possibly rule 2. B protested A for breaking rule 2, alleging that A’s tactic was undertaken to benefit C, whose crew were friends of A’s crew.

Question 3
What criteria should the protest committee use to decide whether or not A broke rule 2?

Answer 3
Except when sailing under Appendix D (Team Racing), it is unsportsmanlike for a boat to use the tactic that A used unless there is good reason to believe that the tactic benefited or could have benefited her own series result. A should be asked how the tactic did or could have benefited her series result. If the committee finds that the tactic did benefit A’s series result or had a reasonable chance of doing so, then it should not penalize her for breaking rule 2 or consider calling a hearing under rule 69.1(a).

Assumed Facts for Question 4
Repeatedly during either a race or series, boat A positioned herself in a tactically controlling position over B and then slowed B’s progress, resulting in several boats passing them. Each time A did this both A and B were on the same leg. While controlling B and slowing her progress, A did not break any rule, except possibly rule 2. It appeared to B that A’s slowing of B did not benefit A’s series result and was done merely to harass B. B protested A for breaking rule 2, alleging that A’s tactic was undertaken to harass B and not to benefit A’s series result.


Question 4
What criteria should the protest committee use to decide whether or not A broke rule 2?

Answer 4
It is unsportsmanlike for a boat to use the tactic that A used unless there is good reason to believe that the tactic benefited or could have benefited her series result. A should be asked how the tactic did or could have benefited her series result and B should be asked for any evidence that would support her allegation. If the committee finds that the tactic did benefit A’s series result or had a reasonable chance of doing so, then it should not penalize her for breaking rule 2 or consider calling a hearing under rule 69.1(a).

USSA 1991/282, revised by ISAF 2009

In my ‘career’ I’ve come across a few incidents like this, but not many. The atmosphere in all cases was usually very unfriendly because the aggrieved boat found it all very ‘unfair’.

But as an umpire I see this done almost every time there’s a match race. The tactic of the leading boat is usually to ‘control‘ the trailing boat and slowing it down is part of that. Covering your opponent is accepted and expected.

Perhaps more fleet racers should go match racing and learn how to get away from a ‘harassing’ opponent?

J.