(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 72
Rule 61.1(a), Protest Requirements: Informing the ProtesteeDiscussion of the word ‘flag’.Question
What is the test of whether an object is a flag within the meaning of rule 61.1(a)?
Answer
In the context of rule 61.1(a), a flag is used as a signal 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. A flag must be seen primarily to be a flag.
USSA 1988/277
A red shirt, a red scarf or any fairly decent sized piece of red cloth should be okay, but not a red bailer or a red life jacket.
J.
Jos,
ReplyDeleteI do not see how a red shirt can be 'seen primarily to be a flag'.
A flag must be primarily rectangular in shape..
Tear a square out of back out of your red shirt by all means, and use that, but don't expect a boat that sees you hanging out your washing to accept that as your rule 61.1(a) obligation.
I once had a protest denied because I used a Mt Gay Rum red hat for a protest flag. Would a red had qualify or not?
ReplyDeleteLook at the pictures of "International Code Flags". Alpha and Bravo have swallow tails and are not rectangles. All the numeral and answering flags are cone shaped. None are rectangle i.e. length wider than width. "Flapping red material" would be a better protest definition. Any red rag will do when accompanied by the hail of "PROTEST". Usually a protest is preceded by waving, yelling, swearing, and general disarray especially if there is contact. Let's not beat another dead horse with the sea lawyer approach.
ReplyDeleteIf a racer customarily hoists his laundry up the backstay to dry during the race, while practicing "ora pro nobis" in Gregorian chant . . .
ReplyDeleteThen I suppose his use of a red shirt as a protest flag could cause possible confusion.
I have served on P/C that found 50' yacht's protest invalid because reliable on-water witness (me) saw the 3" diameter by 6" ditty bag "flag" she flew.
ReplyDeleteWe resorted to the case history that had researched flag sizes available in yacht chandleries. In our case we had internet access in the room to look at West Marine's offerings. Its "yacht size" protest flag was 15", if I recall.
(Had the flag been valid, the voting would definitely have found for the protestor.)
Lesson here is: INVEST THE $6.98 IN YOUR YACHT RACING CAREER AND BUY A DAMN PROTEST FLAG.
I just can't imagine a red hat ever being considered a flag. Though a square-topped red "mortarboard" from a graduation costume might come a little closer....
ReplyDelete