Q&A 2013-024

Rule <%= rule_link(89.2) %> Notice of Race.
Rule <%= rule_link(90.2) %> Sailing Instructions.
Can a boat request redres if Information that should be included in NOR and SI is not?
Situation
Appendix J states that the notice of race (rule J1) and sailing instructions (rule J2) for an event shall always include certain items, and that certain other items shall be included when they will apply.

Question 1
When an item is listed as required for both the notice of race and sailing instructions, is it permitted to list it in the notice of race only, and not repeat it in the sailing instructions?

Answer 1
No. Rule 89.2(a) says that the notice of race shall conform to rule J1. Rule 90.2 says that the sailing instructions shall comply with rule J2. Rule 86.1 says that neither of these rules of part 7 can be changed.

Question 2
If the answer to Question 1 is no, would a boat be entitled to redress if information that should appear in both the notice of race and the sailing instructions is published in only one of them?

Answer 2
When information should have been included in both the notice of race and the sailing instructions as required by rules J1 and J2 and was not included in one of them, that is an omission of the organizing authority or the race committee. However, to be entitled to redress, a boat needs to present conclusive evidence that her score in the race or the series has been or may be, through no fault of her own, made significantly worse by this omission (rule 62.1(a)). In considering a protest or a request for redress based on differences between the notice of race and the sailing instructions, the protest committee may need to apply rule 63.7.
This call is valid until: 2016-12-31
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