Page 97 - Judge Manual 2017

K.26.1 Basic Rules
A protest about class rules or rating is often the cause of much anxiety and
emotion because of the inference that the owner or person in charge has
knowledge, or should have had knowledge of the breach. More often a
measurement error is just that, a simple error or misunderstanding about the
interpretation or application of a rule. Sometimes there is uncertainty between
what is clearly permissible and what is clearly prohibited, exposing the rule to
variation in interpretation. The entire process of a measurement protest is
supported by only a few basic rules. Competitors and all race officials are
required to abide by these rules.

Rule 78 is fundamental. It requires every boat to have a proper measurement
certificate and makes the owner responsible for ensuring that his boat complies
with her class rules and her certificate.

Rule 64.3 deals with the procedures for deciding a protest brought under rule
78.

K.26.2 Class Rules
Class rules spell out the details of how a boat must measure and/or rate. They
usually include administrative provisions, the owner’s responsibilities, and
prohibitions while racing, in addition to the details about the measurement of
the boat.
No set of rules is perfect, and class rules are no exception. It is the
imperfections in the class rules that lead to most measurement problems. There
may be loopholes that permit a skilled owner or designer to stay within the
wording of the rule and gain an advantage. However, often the writers of the
class rules take offence to someone taking an unanticipated advantage of
“their” rules and heated, emotional discussions can take place.

Although the rule and measurement procedures appear complex, a protest
committee can usually understand them with a little effort and some informed
assistance from an expert witness, usually the technical committee or class rule
administrator.
Class association measurement and championship rules govern a class.
However, these rules do not empower a class association to disqualify or
otherwise penalize boats during an event except when channeled through the
protest committee.

K.26.3 Sailing Instructions
Sailing instructions may include provisions for the handling of measurement
questions. They often include everything from pre-race procedures to
measurement checks to penalties.
If the race organizers intend to take an active role in checking measurement
and enforcing compliance it is important that any special rules and procedures
be written in the sailing instructions. Such advance planning will help eliminate
problems that might develop later and save the protest committee endless time
in clearly identifying its authority and role in measurement questions.