Page 98 - Judge Manual 2017

K.26.4 Technical Committee Responsibility
A technical committee appointed under rule 89.2(c) for an event to conduct
inspections and measurement checks is not part of the race committee. A
person not so appointed has no official status at an event, but can be called as
an expert witness.

Before a race or regatta, when the technical committee concludes that a boat
does not comply with the rules, he may suggest to the owner/skipper that the
defect be corrected. If it is not corrected, the technical committee can protest
the boat under rule 60.4. The same principle applies when, after a race, the
technical committee concludes that a boat does not comply with the class rules.
When a boat protests another boat for infringing a class rule, she must produce
sufficient evidence to convince the protest committee that there may have been
a breach. If she fails to do so, the protest would not be valid, since it would not
satisfy the requirements of rule 61.2(b) by describing the incident. For example,
a protest alleging that a boat must have an illegal hull, with no evidence of the
way in which the hull has broken the class rules, must be ruled as invalid, since
the protest does not 'describe the incident' (i.e. describe the manner in which
the boat has broken the rule). It is not uncommon for sailing instructions to
require that any haul out and measurement costs incurred are paid for by the
'losing' party.

K.26.5 Acceptance of a Protest Concerning Class Rules
The protest committee must first determine whether the protest is valid; the
requirements of rule 61 must be met. Rule 61.2(d) requires the protestor to
identify the rule believed to have been broken. A protest stating only that, “the
boat doesn't measure”, or that, “she is too fast for her rating”, should normally
be rejected, because it does not meet the requirements of rule 61.2(d).
Unless the allegation is reasonably specific in describing the rules broken or
the nature of the alleged breach, the protest committee should find the protest
invalid.

K.26.6 Protest Committee’s Responsibility in a Protest Concerning
Class Rules
A class rule or measurement rating protest is processed like any other protest
by the protest committee. The notification requirements, contents and time limit
of rule 61 applies and the hearing procedures under rule 63 applies. Rule 63.6
requires that the protest committee take evidence from the parties and such
other evidence as it thinks necessary. The rules expect the protest committee
to obtain the evidence it needs to decide the protest. Unless it is unable to
interpret or apply the rules, it must decide the protest without referring the
question to a qualified authority.
K.26.7 Expert Witnesses and Evidence

In some cases, the protest committee will not be able to resolve a protest
concerning class rules without calling one or more expert witnesses. It is helpful
to have a judge on the protest committee who is familiar with the class rules
and procedures. The protest committee chairman should have the names and
contact information of class expert witnesses. The technical committee for the
class is also helpful. Boat designers can be expert witnesses when there is no