(This is an installment 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 98
Rule 3(a), Acceptance of the Rules
Rule 63.7, Conflict between the Notice of Race and the Sailing Instructions
Rule 85, Governing Rules
Rule 87, Changes to Class Rules
Rule 88.2, National Prescriptions
Rule J1.1(2), Notice of Race Contents
Rule J1.2(9), Notice of Race Contents
Rule J2.1(1), Sailing Instruction Contents
Rule J2.2(6), Sailing Instruction Contents
Definitions, Rule
The rules listed in the definition Rule apply to races governed by The Racing Rules of Sailing whether or not the notice of race or sailing instructions explicitly state that they apply. A sailing instruction, provided it is consistent with any prescription to rule 88.2, may change some or all of the prescriptions of the national authority. Generally, neither the notice of race nor the sailing instructions may change a class rule. When a boat races under a handicapping or rating system, the rules of that system apply, and some or all of her class rules may apply as well. When the notice of race conflicts with the sailing instructions, neither takes precedence.
Assumed Facts
The notice of race and the sailing instructions for the Spring Tune-Up
Race stated that The Racing Rules of Sailing would apply, but made no
reference to the prescriptions of the national authority, the sailing
instructions, the class rules, the notice of race or any other document or
rule. Starts were given for a class of boats racing under a handicap system
and for two one-design classes. Buttercup, a J/24, raced in the handicap
class and was protested for breaking a J/24 class rule.
Question 1
Did any of the following apply?
(1) the prescriptions of the national authority
(2) the class rules
(3) the notice of race
(4) the sailing instructions
(5) other documents governing the event
Answer 1
Rules J1.1(2) and J2.1(1) require that both the notice of race and the sailing instructions inform competitors ‘that the race will be governed by the rules as defined in The Racing Rules of Sailing.’ If the notice of race or the sailing instructions includes such a statement, then the prescriptions of the national authority, the class rules, the notice of race and the sailing instructions all apply because they are all defined to be rules. Any other documents that will govern the event must be listed in the notice of race and the sailing instructions (see rules J1.1(3) and J2.1(2)).
In this case the notice of race and the sailing instructions for the Spring Tune-Up did not comply with rules J1.1(2) and J2.1(1). They stated only that ‘The Racing Rules of Sailing would apply.’ Nevertheless, documents 1, 2, 3 and 4 all applied. The reasoning that leads to this conclusion is presented in the next paragraph.
If a term appears in italics in a racing rule, that term is used in the sense stated in the Definitions (see Terminology in the Introduction). Rule 3(a), in which ‘rules’ is in italics, makes it clear that, by participating in the race, each competitor and boat owner agrees to be governed by the racing rules and by the rules in the documents listed in the definition Rule. That list includes documents 1, 2, 3 and 4. Rule 85, in which ‘rules’ again appears in italics, implies that the rules in all those documents also apply to the organizing authority, the race committee and the protest committee while they are conducting and judging the race.
A rule in any of the first four documents listed in the question can be changed provided that the procedures stated in the racing rules for making such a change are followed. (Note the statement under Terminology in the Introduction that an addition to a rule, or deletion of all or part of it, is a ‘change’ to the rule.) A sailing instruction may change a prescription or state that some or all of the prescriptions will not apply, provided that the national authority has not restricted changes to those prescriptions in a prescription to rule 88.2. In the absence of such a sailing instruction, all the prescriptions apply. See Answer 3 for the conditions under which a class rule may be changed. Rules 89.2(a) and 90.2(c) cover the procedures for changing, respectively, the notice of race and the sailing instructions.
Question 2
May a prescription or a rule in the notice of race or the sailing instructions be changed?
Answer 2
Yes, provided that the procedures stated in the racing rules for making such a change are followed. (Note the statement under Terminology in the Introduction that an addition to a rule, or deletion of all or part of it, is a ‘change’ to the rule.) A sailing instruction may change a prescription or state that some or all of the prescriptions will not apply, provided that the national authority has not restricted changes to those prescriptions in a prescription to rule 88.2. In the absence of such a sailing instruction, all the prescriptions apply. Rules 89.2(a) and 90.2(c) cover the procedures for changing, respectively, the notice of race and the sailing instructions.
Question 3
May a class rule be changed?
Answer 3
No, unless the class rules themselves permit such a change, or unless written permission of the class association for the change has been obtained and is displayed on the official notice board (see rule 87). Rule J2.2(6) requires the sailing instructions to inform competitors of any changes made to the class rules under rule 87. Rule J1.2(9) requires that such a change in a class rule also be included in the notice of race when that information would help competitors decide whether to attend the event or would provide information that they will need before the sailing instructions become available.
Question 4
Buttercup, a J/24, raced in the handicapped class. Did the J/24 Class Rules or the handicap system rules apply to her?
Answer 4
The rules of the handicap system applied to Buttercup (see paragraph (d) in the definition Rule). If her handicap was explicitly based on the assumption that she race in compliance with some, or all, of the J/24 class rules, then those J/24 class rules, or all the J/24 class rules, applied to her.
However, if Buttercup’s handicap was not based on such an assumption, then none of the J/24 class rules applied to her.
Question 5
If a rule in the notice of race conflicts with a rule in the sailing instructions, which takes precedence? Can the conflict be resolved?
Answer 5
Neither takes precedence. Rule 63.7 governs a protest or request for redress arising from such a conflict. It requires the protest committee to apply the rule that it believes will provide the fairest result for all boats affected. If such a conflict arises outside of a hearing of a protest or request for redress, the conflict can be removed by changing either the notice of race (as permitted by rule 89.2(a)) or the sailing instructions (as permitted by rule 90.2(c)).
USSA 2000/80
