Page 96 - Misconduct a Reference for Race Officials

RACING RULES GUIDANCE

RESTRICTING PROTESTS OR REQUESTS FOR REDRESS BY BOATS

Background

As stated in the RYA Racing Charter, a fundamental function of a race organizer is to ensure
that the competition is both fair and safe for competitors. Weak or inconsistent enforcement
of the rules results in dissatisfaction among competitors and, in extreme cases, can lead to
competitors leaving the sport.

Sailboat racing is a self-policing sport, which means that the primary responsibility for
enforcing the rules lies with the competitors themselves. This, in turn, relies upon the ability
of a boat to protest another boat that she believes has broken a rule or to request redress
when she believes that she has been significantly disadvantaged.

The right of a boat to protest or request redress is stated in rule 60.1.

Is it possible, within the rules, to restrict the right of boats to protest or request
redress?
Yes, but there are few circumstances in which this is good practice. Competitors are usually
more likely to be aware of rule breaches than either race or protest committees, whose view
may be less comprehensive. In the absence of alternative mechanisms for enforcing the
rules, restricting the right to protest or request redress diminishes the fairness of the
competition.
Restriction of the right of a boat to protest or request redress should never

a) permit a breach of a rule that affects the fairness of the competition;
b) prevent redress for an action by the race committee (or other body) that affects the
fairness of the competition;
c) circumvent a rule that cannot be changed under rule 86;
d) circumvent a class rule or World Sailing regulation (see definition rule).
A restriction under these circumstances would normally be improper and could be
overturned by a protest committee or, on appeal, by the RYA.
Protests by boats may reasonably be restricted in situations where it is clear that breaches
of the rule affected will always be seen by the race committee but only rarely by competitors,
for example failure to collect or return tallies or to operate event-supplied tracking
equipment.
When restrictions do validly apply, the race committee, or when appropriate the protest
committee, should implement a robust procedure for monitoring compliance with the relevant
rules and protesting boats that do not comply.
When a race committee is concerned that a rule may give rise to vexatious protests, it
should consider the appropriateness of the rule and the possibility of discretionary penalties
before deciding to implement a restriction on the right to protest. When appropriate and
permitted by rule 86, rules can be modified to suit the circumstances of a specific event.

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