USA Appeal US116
Rule 60.1(a), Right to Protest; Right to Request Redress or Rule 69 Action
Rule 63.8, Protests Between Boats in Different Races
A boat may protest boats that are sailing in a different race.
Assumed Facts
In a regatta, the J/70 and J/80 classes started together and raced as a single fleet, but were scored separately. After the race, a J/80 delivered a protest to the race office claiming another J/80 and two J/70’s broke rule 28.1 (Sailing the Course) by sailing the wrong course.

Question 1
Is the J/80 permitted to protest the two J/70’s for breaking rule 28.1?

Answer 1
Yes. Although the J/80 was being scored separately from the J/70’s, all three boats were racing under The Racing Rules of Sailing. Rules 3.1(a) and 3.3(a) (Acceptance of the Rules) state, “By participating or intending to participate in a race conducted under these rules, each competitor and boat owner agrees to accept these rules...[and] to be governed by the rules.” The meaning of “boat” in the racing rules is “A sailboat with the crew on board” (see in the Introduction). Rule 60.1(a) states, “A boat may protest another boat...” There is no requirement for the protesting boat to be scored in the same race as the boat(s) being protested.

Question 2
Would the answer to Question 1 be different if the J/80 and J/70 classes each started and raced as separate fleets?

Answer 2
No. There is no requirement for the protesting boat to be racing in the same race as the boat(s) she protests. Moreover, rule 63.8 implies that a protest between two boats must be heard even if those boats are sailing in different races conducted by different organizing authorities.

May 2017
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