Page 133 - Judge Manual 2017

to the Commission to seek its opinion on them. The response of the
Commission then binds the protest committee.

Under the Code, which changes RRS 63.3(a), the protestee is entitled, on
request, to present evidence of a personal or private nature in the absence of
the protestor. The protest committee must not then record that evidence in its
decision. If the protest committee, on hearing the evidence, is not satisfied that
it is of a personal or private nature, it must disregard the evidence unless it is
offered again in the presence of the protestor.

The penalties are set out in the Code. If the boat has not yet raced, she is not
to be penalized. If she has completed a race or races, then the penalty is
disqualification from each race (unless the protest arises as a result of a
mandatory protest by the race committee acting on a report from the
Classification Commission, in which case the penalty is at the discretion of the
protest committee (see section O.6 below for more details).

The protest committee has no power to change a classification, only to
determine whether it should be different. It must report its decision on a protest
to the Commission, together with details of all the evidence heard by the
committee (including any evidence given in private).
O.5 Protests about Crew Limitations

A protest under the RRS can, of course, be brought where a boat has simply
not complied with the Notice of Race or Class Rules (for example by having
more Group 3 sailors on board than permitted or having a crew member steer
when not permitted to do so). In these circumstances the protest committee will
apply the normal rules regarding time limits, validity, penalties etc. to the
protest. The classification listed on the World Sailing website against the
competitor is definitive in these cases.

O.6 Changes by the Commission

If the Commission changes a competitor’s classification during an event (for
example because of an interview) that change can be backdated to the start of
the event by the Commission. If the Commission believes a boat would then
break the crew limitation rules, it will report the matter to the race committee,
which then must protest the boat. The penalty for a breach in this situation is at
the discretion of the protest committee.
O.7 Other Complaints or Information Received

If the protest committee receives complaints or information at an event that may
cast doubt on a competitor’s classification, but for whatever reason there is no
protest lodged, then it should report that information in confidence to the
Commission via the World Sailing Office. This information can influence future
decisions of the Commission.