Page 59 - Misconduct a Reference for Race Officials
P. 59

RACING RULES GUIDANCE



                         COMPETITORS RETIRING OR WITHDRAWING A RETIREMENT


               Q1.     Are  there  any  time  limits,  under  the  Racing Rules  of  Sailing  (‘RRS’), when a
                       race committee may refuse to accept the retirement of a boat from a race or the
                       withdrawal of such a retirement (‘unretiring’)?

               A1.     The RRS refers to retiring in the contexts of penalties and of scoring, but in neither
                       case  is  there  any  reference  to  time  limits  or  constraints. The  RRS  do  not  refer  to
                       unretiring;  however,  there  is  no  rule  that  precludes  a  boat  that  has  retired  after
                       finishing from withdrawing that retirement.

               Q2.     Is there a time after which a race committee should not accept a retirement or
                       unretirement in the absence of good reason to do so?

               A2.     For  the  practical  requirement  of  scoring  a  race,  the  end  of  the  protest  time  limit
                       (under rule 61.3, two hours after the last boat in the race finishes, unless the sailing
                       instructions state some other time limit) can be used as the last time for accepting a
                       retirement  or  unretirement  from  a  competitor  who  is  not  a  party  to  a  protest.
                       However, bear in mind that the protest committee shall extend the protest time limit if
                       there is good reason to do so.

                       A party in a hearing can retire at any time before being asked to withdraw for the
                       protest committee to consider its decision.

               Q3.     What should a race committee do if a retirement or unretirement is requested
                       after the end of the protest time limit?

               A3.     The  race  committee  should  ask  the  competitor  to  state  in  writing  why  the  ‘late’
                       request should be accepted. If the race committee considers that the statement gives
                       a good reason for accepting the request, it should do so; otherwise, it should reject
                       the  request.  Either  decision,  to  accept  or  to  reject,  will  be  open  to  challenge  by
                       competitors  through  a  request  for  redress.  Alternatively,  the  race  committee  itself
                       may wish to refer its decision to the protest committee (also through a request for
                       redress), which can then decide:

                         i.   whether  there  are  grounds  to  extend  the  time  limit  in  order  to  hear  the
                              request; and
                         ii.   whether  there  are  good  reasons  such  that  the  boat’s  retirement  or
                              unretirement must be accepted by the race committee.

               Q4.     What  circumstances  might  provide  good  reasons  for  accepting  a  late
                       retirement or unretirement?

               A4.     The  most  likely  situation  is  that  the  competitor  learns  that  an  action  that  he
                       considered broke a rule did not, in fact, do so or vice versa. This information might
                       come  from  the  published  outcome  of  a  protest  or  redress  hearing,  or  from
                       conversation with another competitor or a race official.




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