Page 89 - Misconduct a Reference for Race Officials

 Was it delivered in time? If not, is there good reason to extend the time limit (rule 61.3
or 62.2)?
The test for a ‘good reason’ is that it would not have been reasonably possible in the
circumstances for the protest/request to have been delivered in time.
It is unlikely that there would be a good reason for extending the time limit for a protest
after the end of a regatta.
Unless otherwise specified in the sailing instructions the time limit for requests for
redress is the later of the protest time limit or two hours after the ‘incident’.
The ‘incident’ for a redress claim may occur after the protest time limit has expired, or
even after the event has finished (for example in results published after the event).
 When required, was the protestor involved in or a witness to the incident (rule 60.1(a))?

 When necessary, was ‘Protest’ hailed and, if required, a red flag flown correctly (rule
61.1(a))?

If the protestor is firm that a hail using the word ‘protest’ was promptly made (and, if
required, a red flag was promptly flown until the finish) but the protestee states he did
not hear the hail (or see the flag), take appropriate evidence, including witnesses. Give
the benefit of any doubt to the protestor.

 When the flag and hail were not necessary was the protestee informed?

 Decide whether the protest or request for redress is valid (rule 63.5).
It is not relevant to the validity of a protest or request for redress that the
corresponding box on a protest form has not been ticked.
 Once the validity of the protest or request has been determined, do not let the subject be
introduced again unless truly new evidence is available.
If a protest or request is found to be invalid, the hearing must be closed (rule 63.5).

However, if the incident may have caused injury or serious damage, rule 60.3(a)(1)
permits the protest committee to protest any boat involved. The protest committee
must submit a new protest and a fresh hearing must be called. The hearing must first
decide whether there was indeed serious damage or serious injury. If there was not,
the hearing must be closed (rule 63.5).

M3.2 Take the evidence (rule 63.6).
Hearings involving Children

Children should normally be expected to present their own case without assistance.
For very young children, the assistance of an adult may be allowed.

The hearing procedure should be firm and structured but ensure that children are not
intimidated.

Never attempt to make things easier for children by hearing their evidence in the
absence of one or more parties (rule 63.3(a)).

 Evidence shall only be taken when all parties are present, unless the protest committee
is acting under rule 63.3(b).

 Ask the protestor and then the protestee to tell their stories. Then allow them to
question one another. In a redress matter, ask the party to state the request.

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