Part 5
PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS
Section A
PROTESTS, REDRESS, RULE 69 ACTION
60
RIGHT TO PROTEST; RIGHT TO REQUEST REDRESS OR RULE 69 ACTION
60.1
A boat may
  1. protest another boat, but nor for an alleged breach of a rule of Part 2 or rule 31 unless she was involved in or saw the incident;
  2. request redress
60.2
A race committee may
  1. protest a boat, but not as a result of information arising from a request for redress or an invalid protest, or from a report from a person with a conflict of interest other than the representative of the boat herself;
  2. request redress for a boat; or
  3. report to the protest committee requesting action under rule 69.2(b).
60.3
A protest committee may
  1. protest a boat, but not as a result of information arising from a request for redress or an invalid protest, or from a report from a person with a conflict of interest other than the representative of the boat herself. However, it may protest a boat
    1. if it learns of an incident involving her that may have resulted in injury or serious damage, or
    2. if during the hearing of a valid protest it learns that the boat, although not a party to the hearing, was involved in the incident and may have broken a rule;
  2. call a hearing to consider redress;
  3. act under rule 69.2(b); or
  4. call a hearing to consider whether a support person has broken a rule, based on its own observation or information received from any source, including evidence taken during a hearing.
60.4
A technical committee may
  1. protest a boat, but not as a result of information arising from a request for redress or an invalid protest, or from a report from a person with a conflict of interest other than the representative of the boat herself. However, it shall protest a boat if it decides that
    1. a boat has broken a rule of Part 4, but not rules 41, 42, 44 and 46, or
    2. a boat or personal equipment does not comply with the class rules;
  2. request redress for a boat; or
  3. report to the protest committee requesting action under rule 69.2(b).
60.5
However, neither a boat nor a committee may protest for an alleged breach of rule 5, 6, 7 or 69.
61
PROTEST REQUIREMENTS
61.1
Informing the Protestee
  1. A boat intending to protest shall inform the other boat at the first reasonable opportunity. When her protest will concern an incident in the racing area that she was involved in or saw, she shall hail ‘Protest’ and conspicuously display a red flag at the first reasonable opportunity for each. She shall display the flag until she is no longer racing. However,
    1. if the other boat is beyond hailing distance, the protesting boat need not hail but she shall inform the other boat at the first reasonable opportunity;
    2. if the hull length of the protesting boat is less than 6 metres, she need not display a red flag;
    3. if the incident was an error by the other boat in sailing the course, she need not hail or display a red flag but she shall inform the other boat either before or at the first reasonable opportunity after the other boat finishes;
    4. if as a result of the incident a member of either crew is in danger, or there is injury or serious damage that is obvious to the boat intending to protest, the requirements of this rule do not apply to her, but she shall attempt to inform the other boat within the time limit of rule 61.3.
  2. If the race committee or protest committee intends to protest a boat concerning an incident the committee observed in the racing area, it shall inform her after the race within the time limit of rule 61.3. In other cases the committee shall inform the boat of its intention to protest as soon as reasonably possible.
  3. If the protest committee decides to protest a boat under rule 60.3(a)(2), it shall inform her as soon as reasonably possible, close the current hearing, proceed as required by rules 61.2 and 63, and hear the original and the new protests together.
61.2
Protest Contents
A protest shall be in writing and identify
  1. the protestor and protestee;
  2. the incident;
  3. where and when the incident occurred;
  4. any rule the protestor believes was broken; and
  5. the name of the protestor's representative.
However, if requirement (b) is met, requirement (a) may be met at any time before the hearing, and requirements (d) and (e) may be met before or during the hearing. Requirement (c) may also be met before or during the hearing, provided the protestee is allowed reasonable time to prepare for the hearing.
61.3
Protest Time Limit
A protest by a boat, or by the race committee or protest committee about an incident the committee observed in the racing area, shall be delivered to the race office within the time limit stated in the sailing instructions. If none is stated, the time limit is two hours after the last boat in the race finishes. Other race committee or protest committee protests shall be delivered to the race office no later than two hours after the committee receives the relevant information. The protest committee shall extend the time if there is good reason to do so.
62
REDRESS
62.1
A request for redress or a protest committee’s decision to consider redress shall be based on a claim or possibility that a boat’s score or place in a race or series has been or may be, through no fault of her own, made significantly worse by
  1. an improper action or omission of the race committee, protest committee, organizing authority, equipment inspection committee or measurement committee for the event, but not by a protest committee decision when the boat was a party to the hearing
  2. injury or physical damage because of the action of a boat that was breaking a rule of Part 2 or of a vessel not racing that was required to keep clear
  3. giving help (except to herself or her crew) in compliance with rule 1.1; or
  4. an action of a boat, or a member of her crew, that resulted in a penalty under rule 2 or a penalty or warning under rule 69.2(c).
62.2
A request shall be in writing and identify the reason for making it. If the request is based on an incident in the racing area, it shall be delivered to the race office within the protest time limit or two hours after the incident, whichever is later. Other requests shall be delivered as soon as reasonably possible after learning of the reasons for making the request. The protest committee shall extend the time if there is good reason to do so. No red flag is required.