Showing posts with label protest. Show all posts
Showing posts with label protest. Show all posts

Sunday, 11 December 2016

Protest kit for Multihulls

NEW: LTW Protest kit for Multihulls

There are quite a few situations where the facts are difficult to find if you cannot picture the setting with the appropriate hull shape. With that in mind and the growing number of catamaran events I have - again in cooperation with the DMTRA- developed a Protest kit for Multihulls.



The first kits already have been ordered and sold, but I still have a few in stock and have ordered more to be produced.

This set has the same properties as the other P-kits, so again with a "cut-out" sail on both sides to change tack and a small but powerful magnet in the centre so you can use them on a magnetic whiteboard.

The Multihull set consists of: 
  • three numbered blue boats (1, 2 and 3);
  • three numbered yellow boats (1, 2 and 3);
  • three numbered green boats (1, 2 and 3);
  • three numbered red boats (1, 2 and 3);
  • one Race Committee vessel in red, for starting and/or finishing vessels;
  • two rubber boats in silver, for umpires and/or wing;
  • three marks, in red;
  • an arrow indicators in red (wind, current, tide, or whatever);
  • all in a sturdy box, with room for more. (the box is padded on the bottom - if you take that out, both the multihull - and the fleet race kit fit inside this one box)
 

The production costs are a little higher than for the Fleetrace kit, because of the additional material. The factory price depends on the square area. Price for a Multihull set is €95,- (including VAT.)

(Since shipping/posting is so varied, that price is exclusive of shipping costs)
But the box fits (even with a padded envelope) in the mailbox, so it shouldn't be that expensive.
Somewhere around € 10,- depending on the weight and distance. Shipping to other continents is more expensive - around € 24,-
Paypal seems to be the easiest and most economical way to pay. transaction cost are about 3.5%to 4%

Just send me an email with your contact information and shipping address, I will quote you a total price and we can work out the details. Please use ltw-regelservice at home dot nl, and I'll get back to you ASAP.

J.

Friday, 5 February 2016

KWS Journaal 2016-1

De redactie van het KWS Journaal heeft mijn artikel verprutst.... Zo had het er in moeten staan:

De Protestkamer

________________________________________________________________________________
Door Jos Spijkerman

De laatste jaren merken protest comités dat er steeds minder protestbehandelingen plaatsvinden bij zeilwedstrijden. Niet alleen nationaal maar ook internationaal - zelfs bij Europese of wereldkampioenschappen - is duidelijk merkbaar dat zeilers steeds minder vaak de protestkamer gebruiken om een regelconflict op te lossen.

Er wordt in 'juryland' druk gespeculeerd over de oorzaak van deze teruggang. Zijn er minder incidenten op het water? Worden er vaker strafrondjes gedraaid als er dan iets is gebeurd? Of vertrouwen zeilers niet dat de uitkomst van een ingediend protest in hun voordeel zal uitvallen?

Om de drempel naar de protestkamer een klein beetje te verlagen, hierbij een aantal aandachtspunten die je misschien op andere gedachten zal brengen;

Een protestbehandeling is niet iets wat een zeiler aan het protestcomité mag overlaten.


Vergelijk het maar met een rechtbank, waar een openbare aanklager een zaak komt presenteren en een advocaat de beschuldigde partij komt verdedigen. En de rechter luistert naar beide partijen - stelt misschien een aantal vragen - en vormt een oordeel.

De openbare aanklager vertegenwoordigt de benadeelde partij. Dat is bij een protestbehandeling de persoon die de boot vertegenwoordigd die het protest heeft ingediend. Die persoon moet bewijzen verzamelen, getuigen oproepen en zijn nadeel aantonen door op de best mogelijke manier zijn zaak te presenteren.

De 'advocaat' is de vertegenwoordiger van de beschuldigde, in ons geval de persoon die de boot komt vertegenwoordigen waar TEGEN is geprotesteerd. Ook hij moet op de best mogelijke manier zijn boot verdedigen, door getuigenissen, door bewijzen te presenteren, enz.

De rechters luisteren naar beide kanten, stellen vragen als iets onduidelijk is,  zorgen ervoor dat alles volgens een vastgesteld formaat/schema verloopt en dat alles logistiek geregeld is. Nadat beide partijen hun verhalen hebben gedaan, trekken die rechters zich terug, overleggen met elkaar en doen dan een uitspraak aan de hand van wat zij denken dat er is gebeurd. In ons geval zijn die rechters natuurlijk de mensen in het protestcomité.

Je merkt dat er een hele grote rol in deze procedure is weggelegd voor beide partijen. Zij zijn ervoor om hun boot op de best mogelijke manier te presenteren. Zij moeten de PC-leden overtuigen van hun gelijk. Als je niks van de regels weet - of te weinig, of niet de taal spreekt, door bijvoorbeeld verouderde termen te gebruiken of een verveelde ongeïnteresseerde indruk achterlaat, doet dat jouw kant geen goed.
Als je boos wordt of emotioneel, zul je de comitéleden NIET voor je winnen.
Op het water doe je je uiterste best om die overstag manoeuvre zo goed mogelijk uit te voeren. Dat oefen je, dat analyseer je tot op de seconde…..Een protestbehandeling moet je op dezelfde manier benaderen. Door jouw kant professioneel, oprecht, kundig en met waardering voor het proces te komen vertellen.

De protestcomitéleden zijn er voor om te kiezen welke partij zij geloven.


Aan de hand van de presentatie van de twee partijen komen er feiten op tafel die vertellen wat er is gebeurd. Deze feiten zijn soms tegenstrijdig. De ene partij is van mening dat er heel iets anders is gebeurd dan de andere partij. Aan de hand van vragen aan elkaar en vragen van het protestcomité wordt er geprobeerd om de juiste feiten vast te stellen. Dus wat er werkelijk is gebeurd.
Maar een slechte aanklager of een beroerde advocaat die niet in staat zijn om hun feiten correct te presenteren, zijn natuurlijk in het nadeel. Het protestcomité MOET kiezen. Ze kunnen niet zeggen: "We weten het niet"

Neen, hun taak is er om feiten vast te stellen en aan de hand daarvan een conclusie over regels en dan een beslissing over DSQ of niet…..
Zij zullen dus kiezen. En je mag raden welke van de twee partijen ze zullen geloven bij een beroerde aanklager en een kundige advocaat…..
Hoe beter je verhaal overkomt, hoe groter de kans dat jouw versie zal worden gekozen. Maar ga niet overdrijven of iets vertellen wat niet waar is, de meeste PC leden prikken daar wel doorheen en dan zijn de rapen gaar…. Voor een leugenaar zullen ze niet kiezen.

Boten protesteren, niet de personen aan boord.


Klinkt wat beperkt, ik weet het. Maar door dat in je hoofd te houden, ben je misschien beter in staat om emoties niet te veel de overhand te laten krijgen. Je vertegenwoordigd immers jouw boot met misschien wel meer personen aan boord. Bij een DSQ word er een straf aan de boot gegeven, je hoeft niet zelf in de hoek te gaan staan!

Het voelt misschien  als een persoonlijk aanval als je een protest verliest, maar dat is het niet. In andere sporten is er een scheidsrechter die ingrijpt bij een regelovertreding, hij is in het veld en kijkt naar wat er gebeurd. Dat kan bij zeilen niet, dus moeten we op een fatsoenlijke manier regelovertredingen kunnen straffen. Daarvoor is dit hele protestproces verzonnen.
Als je die benadering accepteert en voldoende kennis en kunde meebrengt naar een behandeling, is de kans op een faire uitspraak het grootst. En Protestcomités zijn er echt niet op uit om een persoon te benadelen.
En, wees eerlijk! Iedereen maakt wel eens een fout, ook in de wedstrijd en dan is dit een heel stuk beter dan een vuistgevecht na afloop op de steiger.

Oefening baart kunst - Practice makes perfect - Übung macht den Meister.


In hoeveel talen je het ook uitdrukt; oefening baart kunst!
Niemand is bij de eerste keer in de protestkamer perfect. De meeste protestcomités zullen daar rekening mee houden en onervaren zeilers helpen in het proces. Maar zij zijn nog WEL de vertegenwoordigers van hun boot en dat kan en mag het protestcomité niet overnemen.

Dus oefenen! Ga een keer mee naar de protestkamer en vraag of je als toehoorder bij de behandeling mag meekijken. Lees eens een ander hoofdstuk dan deel 2 in het regelboekje. Appendix M bijvoorbeeld.
Oefen een protestbehandeling met je coach of een trainingsmaatje. Leer om te spreken in de taal van de regels. Maak een spiekbriefje met de procedure, zodat je weet wat je kunt verwachten.

En voor diegene die echt de 'prof' willen worden: Doe mee in het protestcomité. Ik ken genoeg zeilers die ook beter op het water zijn geworden, door mee te doen in een jury en daardoor hun regelkennis hebben vergroot.

Enfin, genoeg stof om eens over na te denken voordat het nieuwe seizoen begint.
Rest mij dus niets anders dan jullie een prachtig jaar toe te wensen.

Jos

Thursday, 12 February 2015

LTW Magnetic Protest Kits for Fleet and Match racing


In stock again!

Together with my fellow umpires and board members in the DMTRA we've managed to make a reasonable set of magnetic boats for the use as educational tools and also as models in the protest room. Without any moving parts, but still magnetic so they stick to a white board.

The ones we all use with the movable sails are just a little too expensive and the sails tend to get looser and looser all the time. They are also very hard to "move" on the white-board.

Our set has a "cut out" shape for the sail, just flip the model (it sticks on both sides) if you want to change tack. And the magnets are just a tad thicker than the boats, so you can get them of the board easy.

There are two different sets:

FOR MATCHRACING:

All parts spread out on the box.

The Matchrace set consists of:
  • three numbered blue boats (1, 2 and 3);
  • three numbered yellow boats (1, 2 and 3);
  • two RC-boats in red, for starting and/or finishing vessels;
  • two rubber boats in red, for umpire and/or wing;
  • four marks, also red;
  • two arrow indicators in red (wind, current, tide, or whatever);
  • all in a sturdy box, with room for more.


FOR FLEETRACING

We wanted to keep the price as low as possible, but with all the materials and the starting up costs, it has become a little more than we had hoped. Nevertheless it is still a lot less than the traditional magnetic set.

The Fleetrace set consists of:
  • three numbered blue boats (1, 2 and 3);
  • three numbered yellow boats (1, 2 and 3);
  • three numbered green boats (1, 2 and 3);
  • three numbered red boats (1, 2 and 3);
  • one RC-boat in red, for starting and/or finishing vessels;
  • one rubber boats in red, for umpire and/or wing;
  • four marks, also red;
  • two arrow indicators in red (wind, current, tide, or whatever);
  • all in a sturdy box, with room for more.


Price for a Matchrace set is €48,- and for the Fleetrace set € 64,- (including VAT.)

(Since shipping/posting is so varied, that price is exclusive of shipping costs)
But the box fits (even with a padded envelope) in the mailbox, so it shouldn't be that expensive.
Somewhere around € 6,- depending on the weight.
Paypal seems to be the easiest and most economical way to pay. transaction cost are about 3.5%



In the box; ready for travel
Just send me an email with your wishes and shipping address, I will quote you a total price and we can work out the details. Please use ltw-regelservice at home dot nl, and I'll get back to you ASAP.

J.



Magnetic Boats for on the white-board !
Complete situation clearly visible from across the room

Monday, 3 March 2014

Back to the Basics (Part 2): Where's the referee?

A blog post in a series: Racing Rules for Novices*
(*I'm going to try to do one of these on Mondays)

Where's the referee? 
Or, why is there never anybody around to see all those infringements?


In this series I would like to give you my insights into those issues in the Racing Rules for Sailing, that nine times out of ten are asked in one of my rules talks, I do for clubs, sailors and/or class organisations, during the winter season.

To answer this week's questions, we will have to go into the rules that make the sport of sailing pretty much unique. Sailing is one of the few sports - perhaps only Golf  is the other one - that is mostly done without someone "refereeing". We don't have a couple of persons, dressed in black and white, zipping around in little rubber boats, blowing whistles and penalizing boats. Or do we?





Look at what is written in one of the BASIC PRINCIPLES:
SPORTSMANSHIP AND THE RULES
Competitors in the sport of sailing are governed by a body of rules that they are expected to follow and enforce. A fundamental principle of sportsmanship is that when competitors break a rule they will promptly take a penalty, which may be to retire.
Right in the middle, as if it wants to hide, is the word "enforce".
Competitors are expected to ENFORCE the rules. In other words, you yourselves are the referees when racing, you are the ones with the whistle. You do not need to get a black shirt, you don't need an actual whistle (shouting "Protest" is good enough) but you are still the ones who control which infringements are called out.

My analogy is a little overstated, I know, but that is how you should approach it. When you are agrieved by the actions of another boat, you must decide what you want to do. Either put up with it, and not complain that somebody should do something, or, as the basic principle is stating, enforce the rules and protest. Put up or shut up - that's the phrase, isn't it?

This self-regulation in sailing is deeply woven into all rules. For example, even when there are "umpires" on the water - like in match racing or team racing - they seldom penalize on their own. First a boat must protest another, by showing the protest flag, only then the umpires respond by assigning blame and giving out a penalty. (There are exceptions, but they almost all have to do with deliberately breaking a rule, or when no other boat is around to protest).
Even in the protest hearing this principle is upheld. All parties are expected to present "their" case in the best possible way as to convince the Jury that their facts are what has happened.

Back to the race course. You "blow your whistle" whenever you are involved or see a boat breaking a rule. And you are expected to do this as soon as reasonable possible. You wouldn't accept a football referee blowing a whistle half a minute after a tackle when the game has already progressed because of the foul... (excuse me, soccer referee).
By shouting "protest" the other boat becomes aware - if she doesn't already know - that they might have broken a rule. They have a choice then too. That boat can either take a penalty, usually a Two-Turns Penalty or, well, not.
If not, the ball is again in your court. If you feel strongly enough about the issue, you then can lodge a written protest with the Jury or Protest Committee. But that's again, up to you. You are expected to enforce, but it's your decision. Nobody will penalize you for not doing it, but you must then also accept the outcome.

Once the protest has been handed in, the PC will schedule a hearing and invite all parties to come to tell their stories about what happened. Parties can bring witnesses to help with their side. But the whole process starts on equal footing. The PC does not give the protester more "weight" because they brought the issue. The incident is decided on "a balance of probability", as close to the truth as they can get.

If you think that the PC will sort out the problem for you, you are in error. Even then YOU enforce the rules, so you better get all your ducks in row and be convincing.

Oh, on a final note, being a referee is not always the most thankful job. Usually nobody likes the person who's telling them that they are doing something wrong. It is a little mitigated in the rules, in that protest are "against" boats, not against a person. But I admit that that maybe only semantics....

J.

Next week: Sweet seventeen

Previous episodes in this series:
Back to the Basics (Part1): Keeping Clear

Wednesday, 10 April 2013

Is the definition finish done?

The 2013-2016 RRS has new wording for the definition: finish
A boat finishes when any part of her hull, or crew or equipment in normal position, crosses the finishing line from the course side. However, she has not finished if after crossing the finishing line she
(a) takes a penalty under rule 44.2,
(b) corrects an error under rule 28.2 made at the line, or
(c) continues to sail the course.
And in the new RRS, the time you have to inform a boat that makes an error in sailing the course, is now specified:
61.1 Informing the Protestee
(a) A boat intending to protest shall inform the other boat at the first reasonable opportunity. When her protest will concern an incident in the racing area that she was involved in or saw, she shall hail ‘Protest’ and conspicuously display a red flag at the first reasonable opportunity for each. She shall display the flag until she is no longer racing. However,
(1) if the other boat is beyond hailing distance, the protesting boat need not hail but she shall inform the other boat at the first reasonable opportunity;
(2) if the hull length of the protesting boat is less than 6 metres, she need not display a red flag;
(3) if the incident was an error by the other boat in sailing the course, she need not hail or display a red flag but she shall inform the other boat before that boat finishes or at the first reasonable opportunity after she finishes;

Let's have a look if we 'combine' these two. First of all, the informing part is mandatory; it says:"...but she SHALL inform…..". You must make a genuine effort to inform the other boat - but when? 


Now imagine this scenario:
A boat (call her CLEAVER) sails through the finish line, you are 20 meters behind. As soon as you also have finished, you manage to get closer to the first boat and tell her that she has missed the last mark before the finish. You don't need to hail protest or show a red flag, but you do anyway, to make sure you are seen 'informing' the other. After that you continue to shore, go to the race-office and fill in the protest form.

CLEAVER is scored in fifth position (you became third).

In the subsequent hearing you explain to the panel what you saw and did.

The representative of CLEAVER however, contents that she hadn't finished the first time. Because after you informed her she went back to the racing area, rounded the last mark and crossed the line again. And according to the definition, she only finished the second time crossing the line because she continued to sail the course. Whatever distances or where she sailed in between the second to last mark and the last mark before the finish, didn't matter. She sailed the course and should be scored.

What should the panel decide?
Can a boat still go back in this new definition?

J.

Friday, 9 November 2012

RRS 2013-2016; Rule 18.3

Rule 18.3 has been changed in the new RRS 2013-2016;
(duh, otherwise I wouldn't have had to write this)
I'm not quite sure if the chosen language does not have a much greater impact than first assumed;

Was it the intention of the Rulescommittee to change the rules for boats changing tack in the zone?

This is what the rule is now:
18.3 Tacking in the Zone
If two boats were approaching a mark on opposite tacks and one of them changes tack, and as a result is subject to rule 13 in the zone when the other is fetching the mark, rule 18.2 does not thereafter apply. The boat that changed tack
(a) shall not cause the other boat to sail above close-hauled to avoid contact or prevent
     the other boat from passing the mark on the required side, and
(b) shall give mark-room if the other boat becomes overlapped inside her.

This is what the rule in 2013-2016 is going to be:
18.3 Tacking in the Zone
If a boat in the zone passes head to wind and is then on the same tack as a boat that is fetching the mark, rule 18.2 does not thereafter apply between them. The boat that changed tack
(a) shall not cause the other boat to sail above close-hauled to avoid contact or prevent
     the other boat from passing the mark on the required side, and
(b) shall give mark-room if the other boat becomes overlapped inside her.
 I have two scenario's for your consideration:


Situation A

Situation B

The PC find as fact that Purple had completed her tack (was no longer subject to rule 13) when the other boats (Grey and/or Red) changed course.

Is in the new rules (RRS 2013-2016) the Purple boat breaking rule 18.3?

Leave a comment.
J.


Tuesday, 2 October 2012

LTW Readers Q&A (63); Tacking at the Finish?

A Q&A from David and Vernice about a situation close to the finishline:

  
A couple of months ago David was a member of a protest committee which heard the following case:

Two one-design boats (Blue and Red) were approaching the upwind finish line in one of several races in a multi-class regatta. Both boats were on port tack near the port (left) end of the line, looking upwind.There were about 2 1/2 boat lengths separating the two boats, gunnel to gunnel.
Both boats were well within the 3-boat-length zone and had entered the zone almost simultaneously, with the windward Blue boat being slightly closer to the finish line than the leeward Red boat.
The leeward (right hand) Red boat suddenly tacked onto starboard. The windward Blue boat, which was slightly closer to the finish line, crash-tacked to avoid a collision.
After her tack, the Blue boat was outside the lay-line, to the left-hand end of the finish line, and had to execute a jibe to circle around and finish after the Red boat had crossed the line.

The Blue boat hailed "protest" and raised a red flag immediately. She filed a protest within the time limit. She alleged, citing Rule 18, that she should have been given mark-room as the inside boat and allowed to finish on her port-tack course.

The facts found that both boats were overlapped on port tack on their approach to the finish line, with 2 1/2 boat lengths of separation, well within the three-boat-length circle. Both boats were within the port-tack layline to the finish, and the Blue boat would have finished first if they both remained on port tack.

Even though both boats entered the zone on the same tack, the P.C. ruled that the last sentence in the preamble to Rule 18 and Rule 18a indicated that Rule 18 did not apply in this situation because: after the leeward boat (Red) tacked, "both boats were on opposite tacks on a beat to windward." Therefore Blue was not entitled to mark-room (since Rule 18 was shut off). Red was within her rights to tack onto starboard within the zone, becoming the Right-of-Way Boat and forcing Blue as the Give-Way Boat (Rule 10) to tack away onto starboard and be unable to fetch the line.




The questions are:
1.) Did the rule-makers intend that the last statement of the Rule 18 Preamble, along with Rule 18a, would allow the outside leeward port (Red) boat to have such a powerful weapon of being able to tack onto starboard and force the windward port boat (Blue) to tack away and be unable to fetch or to claim mark-room, even though both boats entered the zone overlapped on the same (port) tack and with the windward port boat closer to the mark? Was the Blue boat in that situation unable to invoke Rule 18?

2.) Can the last part of the Preamble, along with Rule 18b, be construed to mean that the proper course for the leeward port boat (Red) should always be to tack in this situation, so that she would be able to shut off Rule 18 and finish before the Blue boat?


I have a question of my own: You mention a crash-tack by Blue. Did she have to respond before Red was on a close hauled course? According to my animation of the incident that is almost unavoidable.  I’m assuming the PC did not find that as fact, otherwise they would have DSQ-ed Red for not keeping clear while tacking. And a crash tack is not seaman-like. If that was the only way Blue could keep clear, Red possibly broke rule 15.




Answer 1: YES. As soon as Red tacks to starboard, both boats are on a different tack and rule 18 is switched off per 18.1(a). Have a look at case 95 in the casebook

Answer 2: Proper Course? Maybe you can call it a good tactic, but not proper course. The definition proper course does not take into account whether a boat finishes before or after.
It is only the fastest way to the finish.
But if Blue ‘allows’ this manoeuvre it is a good way for Red to make sure she finishes before Blue.


There is an affective tactic to defend against such a manoeuvre. If Blue makes sure that Red can never complete her tack without keeping clear, she is effectively blocked and Blue wins.
In order to do this she must bear off and close the gap between her and Red. Not too close, she’s still keep clear boat (and has no protection from her mark-room, because she’s not sailing directly TO the mark) but close enough so that Red cannot tack.


David and Vernice came back to me, with an answer to my question and additional questions. Watch this space for part 2 of LTW Readers Q&A (63).



Sunday, 23 September 2012

Penalty Done?


At an event this summer I was involved in a protest where a boat claimed she was interfered with, by another boat which was taking a penalty.

These are the facts found:
In race 4 on Tuesday close to the finish line, three Centaurs were involved in an incident
Boat A (Blue) on starboard approached the line on a close hauled course. Boat B (Purple) was on a collision course, also close hauled, but sailing on port tack. Boat B thought she could pass boat A in front. Boat A bore off behind Boat B and hailed protest and put up a red flag. She continued saying "You have to do a turn". The incident was observed by boat C (Red) approaching the finish also.

Boat B bore off, gybed and tacked almost immediately, ending up sailing close hauled on port again. Boat C (Red), also sailing on port tack, established an overlap while boat B was finishing her tack.

Both boats sailed a boat length in overlap and then Boat B started luffing to fetch the finish mark. Boat C hailed protest and put up a flag. She luffed also and the distance between the boats remained the same throughout the incident, approximately 2 meters. Both boats luffed to head to wind and crossed the finish line. After passing the mark boat B bore off and sailed clear, shortly followed by boat C.

Boat C handed in a protest form claiming an infringement of rule 21.2
And the diagram the PC made based on these facts:


What should the PC decide?


Sunday, 2 September 2012

The (less) strange case of the (non)competitor

In response to my post about the (non) competitor, I received a mail from Lynne in Canada. She's a member of the appeal board and they had a similar case. One that provides some insight in how to deal with this issue. I've asked and been given permission to publish it:








Racing Rules of Sailing
New Case - Basic Principle, Sportsmanship and the Rules
 
A submission from the Canadian Yachting Association

Purpose or Objective
To provide a Case clarifying when a boat is participating in a race.

Proposal
CASE XXX

Basic Principle, Sportsmanship and the Rules
Rule 3, Acceptance of the Rules
Rule 4, Decision to Race
Part 2, Preamble
Rule 69, Allegations of Gross Misconduct
Rule 75, Entering a Race

A boat that meets the requirements for entry in a race, and sails in or near the racing area, and participates in a race is racing from her preparatory signal until she finishes or retires from the race. The Racing Rules of Sailing apply to such boats. She does not have the option to claim that that the Racing Rules do not apply to her.
The boat’s sole responsibility to decide to participate in a race does not include the right to choose whether or not to be governed by the rules once she participates in the race.
By participating in a race, competitors are governed by the Racing Rules of Sailing, including action by a protest committee under Rule 69.
A boat that breaks the rules over a protracted period commits a gross breach of the rules and shows bad manners and bad sportsmanship.

Summary of the Facts:

During three sailing seasons at her yacht club’s weekly races, boat A entered the series, started and sailed in the races for a fleet of which she was not a member, rather than starting with her own fleet five minutes later. In the third season, two protests were filed against A under the Racing Rules of Sailing, Part 2. The protest committee found in both cases that A had been racing, and disqualified her for breaking rules of Part 2. Later that year, there was a further written complaint against A’s skipper alleging abusive behaviour during other races in which she sailed in the wrong fleet. The protest committee conducted a hearing under Rule 69 against A’s skipper, alleging that by his actions constituted a gross breach of the rules, good manners, and sportsmanship. It found that the competitor had committed a gross breach of the rules, and had also shown bad manners and bad sportsmanship, all over a protracted period. It upheld the allegations under rule 69. It imposed penalties to the competitor and to the boat, disqualifying the boat from the races in question and excluding the competitor from all competition for which the yacht club is the Organising Authority, for a period of two years.

The competitor appealed using Rule 70.1 of the Racing Rules of Sailing. The competitor argued that A was observing the government right-of-way rules, as was his right. He further argued that he had informed the club that he was no longer racing at the club, and therefore, he had no undertaking to observe the Racing Rules of Sailing. Specifically, he was not obligated under, rule 3(a) to be governed by the rules or by 3(b) to accept the penalties imposed and any other action taken under the rules. He further objected to the jurisdiction of the protest committee that convened the Rule 69 hearing. He argued that they had ignored rule 4, which made the responsibility for a boat’s decision to participate in a race or to continue racing hers alone. He appealed the findings of the Rule 69 hearing as outside of the Protest Committee’s jurisdiction, asking the Appeals Committee to find the decision to be null and void and ultra vires.

Decision
A’s actions directly contradict the assertion that she was not racing under the Racing Rules of Sailing. The boat took the decision under rule 4 to participate in the race, as evidenced by her own actions. Evidence of her participation under rule 3 is that she sailed in or near the racing area, she started races, often finished races, and claimed her rights under the racing rules when she met other boats competing in the races. A was racing from her preparatory signal until she finished or retired from each race. Her actions demonstrated that she was not a cruising yacht or a spectator boat who sailed into the racing area.

There is no contradiction between rule 4 which gives the responsibility for a boat’s decision to participate in a race to the boat alone, and rule 3. The decision is observed through the boat’s actions. Participation in a race is evident by the boat’s actions, such as by starting races, sailing the course, rounding the marks, or finishing. Boats racing under the rules are entitled to proceed under the assumption that other boats that are participating in the race are also observing the Racing Rules of Sailing. The responsibility allotted in rule 4 is not a choice whether or not to observe the Racing Rules of Sailing.

The Racing Rules of Sailing did apply to Boat A.

Since the skipper of A had participated in the race under rule 3, he was a competitor in the sport of sailing. He was, therefore, governed by a body of rules that he was expected to follow and enforce under the Basic Principle, sportsmanship and the rules and Rule 69. The protest committee did have the authority to convene the hearing under rule 69. The competitor’s actions described in the written complaint did constitute a gross breach of good manners and sportsmanship. The competitor was properly found to be in breach of Rule 69. The competitor was subject to penalty under rule 69. Rule 3(b) did, therefore obligate the competitor to accept the penalties imposed and other action taken under the rules, subject to the appeal process which he used

The appeal is dismissed. The protest committee did have the authority under the Racing Rules of Sailing to convene this hearing and to impose an appropriate penalty on the competitor. The decision of the protest committee and the penalties imposed are upheld.

Current Position
None.

Reason
This Case provides a clear interpretation that a boat that participates in a race has agreed to be governed by the rules. The case clarifies that there is no contradiction between rules 4 and 3: A boat has made her sole decision to participate in a race once she does participate in the race. With that participation, she has agreed to be governed by the rules and accept any penalties imposed under the rules. A boat that participates in the race may not claim that she has decided not to participate, and that she is not governed by the rules. The case also confirms that the protest committee’s jurisdiction includes persons who participate in races but claim that they are not competitors under Sportsmanship and the Rules. They are subject to protest, to action under rule 69, and to any penalties imposed under the rules.





The appeals committee has submitted this particular appeal to ISAF for inclusion in the Casebook. It will be on the agenda in this year's November conference.

Thursday, 30 August 2012

The strange case of the (non)competitor

During a multi-class event locally, the PC came across a very strange case. I've changed names, numbers and classes, but left the facts as found. This kind of case is probably unique, but if you've run across anything similar, leave a comment.


A protest was delivered to the Race Office by a young sailor. Her Optimist was involved in an incident at a leeward mark where she capsized and lost several places. The PC scheduled and heard the protest in absence of the other party. It was a boat in a different class - a Contender.
Long story short; the Contender had broken rule 12, 18.2(b) and 14 and was disqualified.

After half an hour, between other hearings, the RC-person responsible for scoring, came into the protest room and told the panel that the Contender in the protest was not on her finish list nor on the starting list.As far a she was concerned, it hadn't competed!

After verifying the boat had entered the event - which was the case - the panel started to doubt if the Optimist perhaps had noted the wrong sail number?

After some deliberations a phone call was made to the Contender sailor and he confirmed that he was involved in the incident at the leeward mark. He was currently on his way home because the rest of the event he didn't have time to sail.

How come he wasn't on the starting- nor on the finish list?

The sailor answered that he had some problems with his boat after having sailed to the starting area and had returned ashore to do some repairs. He then sailed into the course following the rest and starting rounding marks. He however did not finish because he wanted to get his boat out before the rest came ashore.

The panel now faced the following question(s):
  • Was the Contender a competitor subject to the rules? 
  • Was the Contender racing ?
  • What penalty - if any - would be appropriate?

Continued after the break;

Monday, 2 July 2012

(pillow)Case of the week (27/12) - 06

(This is an instalment in a series of blogposts about the ISAF Case book 2009-2012 with amendments for 2011. All cases are official interpretations by the ISAF committees on how the Racing Rules of Sailing should be used or interpreted. The cases are copied from the Casebook, only the comments are written by me.)

(pillow)Case picture

Case 6

Rule 16.1, Changing Course
Rule 16.2, Changing Course

A starboard-tack boat that tacks after a port-tack boat has borne away to go astern of her does not necessarily break a rule.

Case 6 diagram

Summary of the Facts

Between positions 1 and 2 P bore away to pass astern of S. A moment later S chose to tack. After sailing free for about a hull length, P resumed her close-hauled course, having lost about a hull length to windward, and passed S a hull length to windward of her. After S tacked, P’s luff to closehauled was not caused by a need to keep clear of S. P protested S under rule 16.1. P claimed that, when S tacked after P had borne away to pass astern of S, S failed to give P room to keep clear. The protest committee disqualified S under rule 16.1. S appealed.

Decision

S’s appeal is upheld. She is to be reinstated. S was subject to rule 16 only while luffing from a close-hauled starboard-tack course to head to wind. During that time P had room to keep clear, and so S did not break rule 16.1. S did not break rule 16.2 because P was able to continue to sail her course ‘for about a hull length’ which demonstrated that S’s luff did not require P to change course immediately to continue keeping clear. After S turned past head to wind, P became the right-of-way boat under rule 13, and rules 16.1 and 16.2 no longer applied. S kept clear of P as required by rule 13. No rule was broken by S.

USSA 1963/93

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Did you notice the hand-drawn picture? The typing has to be something that was added later.

This case demonstrates that rules in Section B of Part Two do not have the same impact as the rules in Section A. They are ‘mere’ limitations on the right of way rules.

A ROW boat has to give the other boat room to keep clear. That is not the same as not doing what she wants. As long as she gives that room, she is free to sail wherever she wants.
The limitation rules do NOT cancel out the ROW-rules. They merely provide the keep clear boat the space and time she needs, to do what she must do, and that is to keep clear.

J.

Monday, 25 June 2012

(pillow)Case of the week (26/12) - 07

(This is an instalment in a series of blogposts about the ISAF Case book 2009-2012 with amendments for 2011. All cases are official interpretations by the ISAF committees on how the Racing Rules of Sailing should be used or interpreted. The cases are copied from the Casebook, only the comments are written by me.)

(pillow)Case picture

Case 7

Rule 11, On the Same Tack, Overlapped
Rule 14, Avoiding Contact
Rule 15, Acquiring Right of Way
Rule 16.1, Changing Course
Rule 17, On the Same Tack; Proper Course

When, after having been clear astern, a boat becomes overlapped to leeward within two of her hull lengths of the other boat, the windward boat must keep clear, but the leeward boat must initially give the windward boat room to keep clear and must not sail above her proper course.

Summary of the Facts

About 200 yards (200 m) from the mark, L became overlapped to leeward of W from clear astern. L was less than two of her hull lengths from W. The two boats then sailed alongside each other, about one-and-a-half hull lengths apart, until they were 80 yards (80 m) from the mark. At this point, L luffed slightly to sail directly to the mark, a luff that did not affect W. W maintained a steady course. L never became clear ahead. W’s boom touched L’s shroud, although without damage or injury, and L protested under rule 11. L’s protest was dismissed, and she was disqualified on the grounds that she had not allowed W enough room to fulfil her obligation to keep clear as required by rule 15. L appealed.

Case 7 diagram

Decision

L’s appeal is upheld. When L became overlapped to leeward of W, W became bound by rule 11 to keep clear of L. At the same time, L was bound by rule 15 to allow W room to keep clear, but that obligation is not a continuing one, and in this case the overlap had been in existence for a considerable period during which W certainly had room to keep clear.

Rule 17 applied to L because, as the diagram shows, she had been clear astern before the boats became overlapped and was within two of her hull lengths of W when the overlap began. L was justified in changing course to sail directly to the mark, provided that she did not sail above her proper course; it is L’s proper course that is the criterion for deciding whether she broke rule 17. According to the agreed diagram, L at no time sailed above her proper course. Just after position 3 L luffed slightly. Clearly there was room for W to keep clear, and so L did not break rule 16.1. L broke rule 14 because she could have avoided contact with W, but she cannot be penalized because there was no damage or injury. W is disqualified under
rule 11, and L is reinstated.

RYA 1963/10

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Like I have stated in previous posts, it is the right of way (leeward) boat that decides what the proper course is. If she has a reasonable argument why she sailed that course, she does not break rule 17. Only when it is absolutely crystal clear that she would not have done the same – in absence of the other boat – then rule 17 might be broken.

This certainty becomes greater the closer to the mark the boats are.

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