tag:blogger.com,1999:blog-9170261917486213112.post3366656139574261621..comments2024-01-22T09:45:29.790+01:00Comments on Racing Rules of Sailing - Look to Windward: The (less) strange case of the (non)competitorJoshttp://www.blogger.com/profile/10346870418220762709noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-9170261917486213112.post-48916426227882896732012-09-03T03:00:55.274+02:002012-09-03T03:00:55.274+02:00Jos
This case is very different from the situatio...Jos<br /><br />This case is very different from the situation you posed earlier in the week. <br /><br />I agree with the Canadian Appeal Board's conclusion to the facts of that case, although I don't think their written decision does much to clarify when a boat is participating in a race.<br /><br />If the appeal decision is intended to clarify when a boat is participating in a race, then it should give a workable indication of when a boat is racing and when it is not. The appeal decision is too general for that – if the reasoning is followed, boats would be deemed to be racing in many situations where one would not consider they were, in the sense ordinarily understood in nautical or general use.<br /><br />It does not follow that a boat is necessarily racing when she meets the requirements for entry, she sails in or near the racing area, crosses the start line and finish line and claims rights under the RRS. <br /><br />To give an example, when Optimists are racing, a solitary Melges 24 (who is a club member) crosses the start line 2 minutes after the fleet and then sails around all the marks. Is the Melges racing? Is she entitled to interfere with the Optimists? Is it necessary to bring a measurement protest against her?<br /><br />In another example, a race comprises two laps between two small islands. Another boat is sailing 10 laps between the same two islands to practice, and must pass the start-finish line in order to do so. Is the boat doing 10 laps racing? Would the protest time limit be calculated from the time that boat finishes?<br /><br />Some of the reasoning in appeal decision is also vague and circular. If you make a finding that a boat started a race and finished it, then you have already assumed that she is racing.<br /><br />I’m also wondering about the protest committee’s jurisdiction to ban the sailor for two seasons. I assume that the series he entered was for only one season. Shouldn’t such a ban be imposed by the Canadian Yachting Association or the club itself, if there is provision in its constitution? <br /><br />One other difficulty I have with the appeal decision is that it doesn’t always lead to the best practical outcome. Often sailors, like our Canadian friend, couldn’t care less about rule 2 or rule 69 hearings. It’s no use banning people who say they’re no longer racing. It just gives them another opportunity to give the fingers to the club. <br /><br />From a practical point of view, I personally find the best approach is to contact the harbour authorities, or whoever has jurisdiction over the local waters. Where I come from, if this sailor wasn’t racing he would certainly be breaking government rules, especially at the start and around marks. The authorities would take a dim view, especially if he was interfering with childrens' racing.<br /><br />This post is no doubt very arrogant, criticising an appeal decision, when I’m not even an IJ. However, thank you to Lynne for bringing it up.<br /><br />John GJohn Gnoreply@blogger.comtag:blogger.com,1999:blog-9170261917486213112.post-46404985716296312462012-09-02T19:08:02.653+02:002012-09-02T19:08:02.653+02:00While I agree with the overall tone of this case, ...While I agree with the overall tone of this case, one item appears to be missing in the 'FACTS' was how the boat was scored in the series over the three years. Did the RC consistently score the boat in the division with which she started, or was she scored OCS for starting 5 minutes early.<br /><br />Johnball_hilaryhttps://www.blogger.com/profile/13347580301029989280noreply@blogger.com