Page 97 - Misconduct a Reference for Race Officials

Restriction of the grounds for redress
Notices of race and sailing instructions frequently state that specific circumstances shall not
be grounds for redress; for example, failure of a boat to hear a race committee VHF
transmission or errors in supplied GPS coordinates for marks. To be valid they must state
that rule 62.1 is changed.
Restriction of the right to redress will be improper if it conflicts with the principles outlined in
the previous section.

How can a restriction be implemented?
To restrict the right of a boat to protest, a sailing instruction (or, when required by rule J1.2,
the notice of race) must state that rule 60.1(a) is changed.
For example:
Boats may not protest for breaches of [list of rules]. This changes rule 60.1(a).

To ensure the restriction is seen to be fair, the notice of race or sailing instructions should
also state how compliance with the relevant rules will be enforced.

A rule in the notice of race or sailing instructions to restrict redress for an action or omission
by the race committee or other body is proper only if that action or omission is not improper.
However, in that circumstance, no redress is possible because the essential requirement for
redress is an improper action or omission. Consequently, such sailing instructions are
redundant and may discourage competitors from making a valid request; hence they are not
recommended.

Action when a protest or request for redress is received

Fairness requires that a race committee is not the judge of whether its own actions are
proper. When a protest or request for redress is received, the protest committee must open
a hearing even if a possible restriction applies. The protest committee shall then consider
whether the restriction is proper using the criteria outlined above. If it finds that a restriction
of the right to protest or request redress is improper, the protest or request is valid provided
all other requirements for validity have been met.
Redress may be given when a restriction of the grounds for redress is found to be improper.

It is recommended that, for events where a protest committee is appointed in advance, the
race committee consult the protest committee on any rule in the notice of race or sailing
instructions intended to restrict protests or redress.

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