Q&A 2013-032

Rule 86, Changes to the Racing Rules.
Rule 86.3, Changes to the Racing Rules.
A member National Authority prescription may change a rule in order to develop and test proposed rules.
Situation for questions 1 to 5
A member national authority has the following prescription to rule 86.3:
'The restrictions in rule 86.1 do not apply if rules are changed to develop and test proposed rules. No approval from the national authority is required.'

Question 1
For the purpose of rule 86.3, what is meant by 'proposed rules'?

Answer 1
A 'proposed' rule is a rule that is either new or that changes, adds to or deletes one or more existing rules for the purpose of testing whether it should be submitted to World Sailing for inclusion in a future edition of the Racing Rules of Sailing.

Question 2
Are there any requirements that the 'proposed rules' (as used in rule 86.3) are approved by World Sailing, submitted to World Sailing or registered by World Sailing in any way?

Answer 2
No.

Question 3
May the sailing instructions change any rule (for example 'A leeward boat shall keep clear of a windward boat, this changes rule 11' or 'Appeals are not allowed, this changes rule 70.') and refer to rule 86.3?

Answer 3
In theory yes, as there are no restrictions about which rules can be changed. However, the examples used would not be within the intent of this rule, and such proposals also appear to lack good judgment. A proposal to change rule 11 is unlikely to be a serious proposal for a rule change, and denying the right of appeal is a change that does not need to be tested. Neither example is ‘a rule changed to develop or test proposed rules’ (see Answer 1) and therefore, they are not covered by the exception in rule 86.3. Testing a new format of racing is an example of a rule change that would be permitted under rule 86.3, provided the national authority had the required prescription.

Note: Changing basic rules of Part 2 is always confusing for the competitors and will increase the risk of collisions on the water. It is therefore irresponsible to do it and the exception in rule 86.3 should be used only when there is a clear necessity for testing how to improve the rules and propose changes.

Question 4
Would the answer to Question 3 be different if the national authority approved the sailing instructions?

Answer 4
No. The approval of the national authority is irrelevant in this situation, as this national authority had prescribed that its approval was not needed.

Question 5
May a national authority recommend the organizing authorities under its jurisdiction that their sailing instructions should test the same 'proposed rules' for several consecutive years without submitting the 'proposed rules' to ISAF?

Answer 5
No. Although there is no established time frame for a 'proposed rule' to be submitted to World Sailing, a change that is not intended to be submitted to World Sailing is not covered by rule 86.3.

Question 6
Situation
A national authority requires that sailing instructions shall change a rule that cannot be changed according to rule 86.1(a). The same national authority does not have a prescription to rule 86.3 permitting changes of rules for the purpose of developing or testing rules. What actions should a World Sailing international judge take, if invited to be a judge on a protest committee/international jury at an event where the organizing authority has followed this national authority's requirements?

Answer 6
The World Sailing judge must inform the organizing authority and the race committee about the conflict. Other members of the committee must also be made aware of the problem. The protest committee might also publish its official interpretation, to inform the competitors about existing conflict before the event starts. Should there be any protests or requests for redress involving any illegally changed rules, the protest committee must make its decision based on the rules as they appear in the Racing Rules of Sailing.
This call is valid until: 2016-12-31
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