Case 66
Rule 84, Governing Rules
A race committee may not change, or refuse to implement, the decision of a protest committee, including a decision based on a report from an authority responsible for interpreting the class rules.
There is a protest against a number of boats for failure to comply with class rules. The protest committee, after a hearing, concludes that there is reasonable doubt about the interpretation or application of the relevant class rules. Acting under rule 64.3(b), it refers the matter to the class association, as being the appropriate authority qualified to resolve such questions. The class association reports that all the boats concerned have broken a class rule, and the protest committee, accepting the report, disqualifies the boats. The race committee then refuses to implement these decisions because it alleges that for various reasons they are unfair.

May the race committee change or decide not to implement the decisions of a protest committee, whether or not these decisions are based on a report made under rule 64.3(b)? If not, who may take what action?

Rule 84 states that the race committee shall be governed by the rules. A race committee has no jurisdiction over a protest committee and is not entitled to change or refuse to implement any decision that the protest committee may have made.

In this case, the protestor and each boat protested were the parties to the hearing. Under rule 66, a party may ask that the hearing be reopened on the grounds that the protest committee made a significant error or that significant new evidence has become available. Also, under rule 70.1, a party may appeal the protest committee’s decision or its procedures.
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