Situation
There is no relevant provision in the sailing instructions.
Question 1
Do the following comply with rules
61.2 and
61.3 (or rule
62.2)?
(a) An SMS message containing all the information required by rule
61.2, sent within the time limit to the number of a mobile phone advertised to be a contact number for the race office?
(b) An SMS message containing all the information required by rule
61.2, sent within the time limit to a published number of the mobile phone of a member of the race committee?
Answer 1
If the notice of race or sailing instructions contain a mobile number for the race office or an individual member of the race committee, and specifically states that it may be used for lodging protests and requests, then an SMS message to such mobile number including the required information satisfies the requirement for it to be sent to the race office. However, in this case there are no provisions in the notice of race or sailing instructions, and therefore, there are no obligations for that mobile number to be regularly monitored.
In addition, there may be a substantial delay between an SMS being sent and being received. If received and read within the time limit it may be found valid.
Question 2
Does an SMS message stating an intention to protest and sent by a boat to the known mobile number of the person in charge of another boat comply with rule
61.1(a)(1)?
Answer 2
It should be found valid only if the protestee acknowledges having received and read it within any applicable time limit.
Question 3
Does an SMS message stating an intention to protest and sent by the race committee or the protest committee to the known mobile number of the person in charge of a boat comply with rule
61.1(b) or (c)?
Answer 3
See answer 2.