Manuel from Portugal has the following questions:
(I've edited some of his text for clarity)
I was asked to say my opinion about the following issues:
Type of regatta: ORC cruisers racing (club regatta) around an island.
1st question: Is the direction of rounding the island free, if nothing is stated in Sailing Instructions?
The SI only describe the starting line, the finishing line and the words “rounding the island”.
My answer was YES (RRS 28.1)
2nd question. After finishing (the ORC event only had one regatta) a boat presented a measurement protest against another boat referring to the main sail as being not measured (the sail did not have the normal stamp/signature of any measurer person). Before the regatta the boats were not supervised by any Measuring Committee. The Protest Committee accepted the protest (no red flag was displayed on board of the boat) and confirmed the non existent stamp/signature.
The protested boat confirmed the measurer forgot to indicate on the sail any reference to proof that the sail was really measured. There are serious doubts if the sail was measured by anyone. The protested boat says that the protested sail has a smaller area than the sail expressed in the boat certificate.
To answer I looked at:
ORC Rating System 2010And also at:
304 Owner’s Responsibility
304.1 The owner or his representative shall be responsible for:
The owner or his representative shall sign the statement on the certificate: “I certify that I understand my responsibilities under ORC Rules and Regulations”.
- a) Preparing the boat for the measurement in accordance with the IMS
- b) Declaring any required data to the measurer
- c) Ensuring compliance of any measurement data to those printed on certificate. Measurement shall be deemed to comply with the one printed on the certificate if all the measurements are smaller or equal to those on the certificate, except MSW, that shall be bigger or equal. Sails shall be deemed to comply if the sail area is smaller or equal to the respective one printed on the certificate.
- d) Using the boat and equipment as prescribed by the RRS, IMS Rules and ORC Rating systems.
305 Measurement ProtestsMy answer was to suggest the following decision: The protested boat must be DSQ under ORC Rating System 2010 (rule 305.1b). The red flag was not necessary in that case .
305.1 When, as a result of any pre-race inspection or measurement, it is determined that a boat does not comply with her certificate:
RRS 2 and 3 may also apply
- a) When the non-compliance is considered to be minor and can be easily corrected, the boat may be brought into compliance with her certificate, and, when necessary, a new certificate may be issued. The Measurer shall inform of such correction to the Race Committee who shall approve a new certificate issue.
- b) When the non-compliance is major (even if it can be corrected) or if it cannot be corrected without requiring significant re-measurement, a boat shall not be eligible to enter a regatta. The Measurer shall inform the Race Committee who shall act in accordance with RRS and inform the Rating authority.
Can you comment?
I wrote back to Manuel asking him if I could get some help from my readers, since my experience with ORC is very limited. I would appreciate any and all comments - specially on the second question.
Here are my thoughts:
If there's no direction stated in the SI and the description of the starting line or the finishing line do not give any indication about which side is the course side, I think that the Race Committee has a big problem. There will be boats starting on both sides of the line. I wouldn't know how to solve the problems between the rules in section A, B, C and D. Is a boat returning to start? Is a boat OCS?
Any boat who got into trouble over this and could show it considerably effected her score, would have a good chance to get redress.
If there was an indication in the description of the starting line about which side was pre-start and which was course side, but that line was laid out so, that it did not give any indication about in which direction the island should be rounded, then I agree with your answer.
The second answer is harder. 305.1 states ..., as a result of any pre-race inspection or measurement, .....
This protest was AFTER the race, and - if you don't assume the "pre-race" should also be applied to measurement in this sentence - the sail was never actually measured at the event. Therefore I'm not sure you can use it to decide a protest after the race, without getting a measurer to actually measure the sail.
If you do get a measurer to come to the event and have a look at the sail, then you can use 304.1(c) to decide if the boat should be DSQed or not.
Does the OCR Rating System have a rule stating that a sail must have a stamp or signature? Or is it in the Portuguese RRS? In the Netherlands this done by a MNA prescription. Is that also done in Portugal?
If it is, then the protest is about rule 78.1. And rule 61.1 should be on the table and validity is an issue.
When did the protesting boat became aware of the lack of stamp/signature?
Did he see this on the water? If so, then a Red flag is necessary to make it a valid protest.
If he saw this after racing on shore, what did she do to inform the other boat?
Provided the protest was valid, then any DSQ should be for failing to comply with rule 78.1.
I've also had a look at the latest ORC Rating System 2012 and found this:
305.2 When, as a result of any measurement protest by a boat or by the race committee, it is determined that a boat does not comply with her certificate, the non-compliance shall be calculated as a difference in percentage of GPH:Was 305.2 in the 2010 ORC Rating System? Problem solved.
a) If the difference is less than or equal to 0.1%, the original certificate will be maintained, the protest will be dismissed and the protestor will have to cover any cost involved. RRS 64.3(a) will apply but no corrections are needed.
b) If the difference is more than 0.1% but less than 0.25%, no penalty shall apply, but a new certificate shall be issued based on the new measurement data and all races of the series shall be rescored using the new certificate data. The Protest will be considered accepted and the protestee will have to cover any cost involved.
c) If the difference is 0.25% or more, a boat shall receive a 50% place penalty in any race in which her rating was incorrect. The Protest will be considered accepted and the protestee will have to cover any cost involved and the yacht shall not race again until all non-compliance issues are corrected to the limit defined in a) above.