CASE 130 Rule 43.1, Competitor Clothing and Equipment Rule 60.2, Right to Protest; Right to Request Redress orRule 69 Action Rule 78.3, Compliance with Class Rules; Certificates A person appointed to serve as an equipment inspector or event measurer is a member of the race committee only if appointed by that committee. Such a person must always make a report when one is required by rule 43.1(c) or rule78.3. He may protest a boat under rule 60.2’s lastsentence only if the race committee delegates the responsibility for such protests to him. Question 1
Is an equipment inspector or measurer for an event a member of the race committee for that event? Answer 1
An equipment inspector or event measurer is responsible for checking that the boats or the personal equipment used by competitors comply with the rules. The race committee includes any person performing a race committee function (see Terminology in the Introduction). The race
committee’s responsibilities, which determine its functions, are stated in many racing rules (see, for example, rules 85, 90, 60.2 and other rules, particularly those in Part 3). No racing rule makes the race committee responsible for checking that boats or personal equipment comply with the rules. However, if a person is appointed by the race committee to serve as an equipment inspector or event measurer, then that person is a member of the race committee. Question 2
Do the rules permit a protest under rule 60.2’s last sentence by an
equipment inspector or event measurer who is a member of the race
committee and who decides that a boat or personal equipment does not
comply with the class rules or believes that a competitor may have broken rule 43.1(a) or 43.1(b)? Is it necessary for such an equipment inspectoror event measurer to make a written report required by rule 43.1(c) or rule78.3? Answer 2
Such an equipment inspector or event measurer may protest a boat under rule 60.2’s last sentence only if the race committee delegates the
responsibility for such protests to him. A written report required by rule43.1(c) or rule 78.3 must be made unless a sailing instruction changes rule 78.3 so that the report required by that rule is not required.
CASE 131 Rule 60.2, Right to Protest; Right to Request Redress orRule 69 Action Rule 78.2, Compliance with Class Rules; Certificates Rule A5, Scores Determined by the Race Committee When a boat breaks rule 78.2, the race committee cannot disqualify her without a protest. Assumed Facts
A rule in the sailing instructions for an event requires that acertificate be produced or its existence verified before a boat races. One boat does not comply with this requirement, but before the first race she provides the race committee with a statement signed by the person in charge that the boat has a valid certificate. At the end of the event, the certificate has neither been produced nor verified. Question
Rule 78.2 requires that the boat be disqualified from all races of theevent. Is the race committee permitted to score the boat ‘DSQ’ for all races without a hearing? Answer
No. Rule A5 lists the scoring actions the race committee may take without a hearing. An action under rule 78.2 is not in that list. Rule A5 alsostates that ‘only the protest committee may take other actions that worsen a boat’s score.’ Therefore, the boat cannot be penalized for breaking rule78.2 unless she is protested. The race committee may protest the boat (see rule 60.2(a)). In exercising its discretion to protest or not, the race committee ought to consider that other boats may not be aware that the boat has failed to produce her certificate or verify that it exists. Ifthe boat is protested and the protest committee finds that she broke rule 78.2, her penalty is disqualification from all races of the event.
CASE 132 Rule 18.1(a), Mark-Room: When Rule 18 Applies Rule 42.3(c), Propulsion: Exceptions A boat is ‘on a beat to windward’ when the course she would sail to finish as soon as possible in the absenceof all other boats is a close-hauled course or above. Question
The phrase ‘on a beat to windward’ is used in rules 18.1(a) and 42.3(c). When is a boat on a beat to windward? Answer
For the purposes of rules 18.1(a) and 42.3(c), a boat is on a beat to
windward when the course she would sail to finish as soon as possible in the absence of all other boats is a close-hauled course or above.
When a boat is on a windward leg, she is not necessarily on a beat to
windward. An example is a boat that has overstood a windward mark and,in the absence of other boats, would therefore sail below close-hauled to finish as soon as possible. Such a boat may have overstood the mark either by sailing beyond the layline to the mark or because a change in wind direction has made it possible for her to sail to the mark on a coursebelow close-hauled.
Also, when a boat is on a reaching or a downwind leg, there are
circumstances in which she may be on a beat to windward. This can
happen when a boat has been swept by current below the rhumb-line to a reaching mark, or there has been a change in wind direction, and as a result the course the boat would sail to finish as soon as possible in the absence of other boats has become a close-hauled course or above.