Page 70 - Judge Manual 2017

The use of on-the-water rule 42 compliance has grown over the last decade,
and expands the responsibilities of Judges. Whilst the racing rules permitted
on-the-water judging prior to the addition of Appendix P, there was no specific
place for it in the rule book. Consequently, the penalty systems and the sailing
instructions describing them were often different from event to event.

Appendix P codifies this and creates a consistent framework under which
competitors and Judges can operate. It is now easy for a regatta organizer to
apply Appendix P and make provision for on-the-water judging of rule 42.

Judges and competitors may have diverse positions on rule 42 and how it is
judged on the water. However, they must accept the rule as written and the
World Sailing interpretations of rule 42. If they disagree with a rule, they may
follow the World Sailing’s documented procedure for submitting proposals to
change a rule.

Judges should not allow individual classes a level of prohibited actions just
because all boats seem to be breaching the rules a similar amount. Judges
have to remain objective, and penalize boats that infringe the rules. A class
association may change rule 42 through their class rules.

When Judges accept an appointment to an event which has on the water
enforcement of rule 42, they must be willing to enforce the existing rules and
interpretations to the best of their ability. It is far better to have no Judge present
on the water, than to have a Judge empowered to enforce the kinetics rule that
observes blatant infractions and does nothing.

Judges should give the benefit of the doubt to the competitor and never
penalize unless they are certain of the infraction. However, once they are
convinced, they must act to protect the competitor who is sailing fairly.

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