This chapter covers the activities of judges when they are on the water observing racing including when Appendix P applies, and they are judging rule 42.

The judges’ presence on the water in easily identified jury boats leads to better rules compliance and a better quality of racing. Officiating through proximity, by staying close, leads to competitors being less likely to break the rules. When judges are watching them, they could be penalized or protested. Most competitors, who normally respect the rules, feel less pressure to break rule 42 to keep up with those who are breaking the rules. Competitors are more likely to comply with a rule, or take their penalty when they break a rule, or to protest, if they know the judges may have seen the incident.

Positioning the judge boat in high performance classes, foiling classes, and kite classes requires an in-depth knowledge of the class in order to stay clear of boats or boards and to be in the best positions to observe the racing. For that reason, judges who do not have experience with the class should be paired with a judge who has that class knowledge.

In the absence of any other priority, judges may be in locations where incidents happen often. Here, they can be reliable independent witnesses in the event of a protest hearing.

A Basic Principle of our sport is that the competitors, not judges, have the lead responsibility for enforcing the rules on themselves and their fellow competitors. Therefore, not every incident observed by the judges on the water leads to a protest. Judges will not usually protest for a breach of a rule of Part 2 unless they observe an apparent breach of rule 2 sportsmanship and fair play.

Judges should also record details of any error or improper action by the race committee that may become the subject of a request for redress.

Many classes have special rules related to wind speed that switch on and off some of the prohibited or permitted actions under rule 42. If the wind speed exceeds or falls below a specified limit, the race committee can bring parts of rule 42 (pumping, rocking and ooching) in or out of play at a mark. For these classes, it is essential that the race committee and the on-the-water Judges have a proactive and reliable means of communicating to ensure that Judges apply rule 42 correctly. 

 
If radio communications are difficult, the Judges should try to round the marks with the lead competitors to witness any signals that might change the application of the class rules. 

Prior to the event the Jury Chairman should arrange suitable boats for judging rule 42 on the water. Suitable boats are those that are safe for the judges to use in the prevailing conditions, and will not affect the fairness of competition on the race course. If suitable boats cannot be provided, then the judges should not attempt to judge rule 42 on the water. 
 
The jury boats must be suitable for the type of boats they are judging. They must be maneuverable, hard-bottom, and of a speed allowing the judges to follow the boats. The boats must accommodate two judges. Additionally, the boats should optimally have a design that minimizes their wind shadow and wake, since the judges will be maneuvering near the competitors. Rigid Inflatable Boats (RIBs) are commonly used for this purpose.

It is preferable that an experienced judge drives the boats, without additional persons on board. The chair of the protest committee would make this arrangement with the organizing authority prior to the event, especially when judges will use loaned boats. The other judge handles the flags.

The jury boats should be clearly identified to avoid confusion with spectator and boats and support boats. Equipping the boats with two-way radios will facilitate communication between the judges and with the race committee.

When going afloat, judges should have at a minimum, wet notes, a voice recorder, sailing instructions, class rules relevant to rule 42, and the Interpretations of rule 42. When judging rule 42 under Appendix P, the judges must have a yellow flag and whistle for signaling penalties to competitors.

Appendix P provides procedures for penalizing boats for breaking rule 42 on the water. It also specifies the types of penalty involved. This system evolved when it became clear that for Olympic class and other centerboard class events, the self policing of rule 42 did not work. On-the-water judging with immediate penalties for infringements was needed. This procedure was first used at the 1992 Olympic Games.

The on-the-water judging of rule 42 under Appendix P is now fully developed. It is accepted by competitors and coaches who now expect judges to be on the water, to discourage infringements and to act on behalf of the other competitors when infringements are observed. Note that boats still may protest each other for illegal propulsion.

When judges accept an appointment to an event with judging rule 42 under Appendix P, they must be willing to enforce the existing rules and interpretations to the best of their ability. It is far better to have no judge present on the water than to have a judge empowered to enforce the kinetics rule who observes infractions and does nothing. Judges who ignore breaches lose the respect of competitors and coaches. Judges may have diverse opinions on rule 42 and how it is judged on the water. However, they must accept the rule as written and the World Sailing Interpretations of rule 42. If they disagree with a rule, they may follow the World Sailing’s documented procedure for submitting proposals to change a rule.

At youth events, remind competitors that judges will be monitoring rule 42 in the racing area and that they will give a penalty if they see any competitor clearly breaching rule 42.

It is important to convey that the judges are on the water to protect the honest sailors who do not break the rule. They do this by preventing illegal propulsion, and penalizing when necessary. Conveying the message in this way to parents who attend the briefings tells them that judges are the friends and not the enemies of their sailors.

Remind competitors that, even though there are judges on the water, they may still protest a boat for a breach of rule 42.

Rule 42 includes basic rule 42.1, prohibited actions in rule 42.2 and exceptions in rule 42.3.

World Sailing publishes interpretations of rule 42 and recognizes them as authoritative interpretations of the rule. They are reviewed and updated from time to time. These interpretations guide competitors on how to sail their boats and guide judges on how to judge rule 42 on the water.

Some classes have changed rule 42 in their class rules, which affects judging on the water.

The goal of enforcing rule 42 compliance on the water is to make the competition fair for all competitors and to protect the sailors who are sailing within the rule. A judge must make consistent decisions. The only way to be consistent is to be totally objective. If someone is breaking the rule, you give a penalty. It is also important that the judging team is consistent in their decisions. This requires continuing dialog among the judges about their observations. It also requires judges to arrive at an event prepared to judge on the first day the same as all other days in the event. There is no warm-up day. The practice race, too, should be judged as if it is a real race, so competitors can see how the jury will act and when it will penalize.

A high level of consistency in judging rule 42 is expected within each class, and across classes at multi-class events. With two judges aboard each judge boat, consistency can be achieved by having one judge on each judge boat staying with the class throughout the event, and the other judge on each boat rotating through the classes on different days. This is now the normal practice for judge rotation at the Olympics and at World Sailing events. This method works well for judges, as some prefer to stay with one class while others do not.

The interpretations of rule 42 and guidelines for judging rule 42 for various classes are published on the World Sailing website. (Search “rule 42”, click submit, and select “Documents”.)

Before the first race, the judges should discuss the most common breaches that occur in specific classes, and when they should penalize a boat. They should also discuss trends and issues they have witnessed in recent events. During the event, the judges should regularly review penalties given and unusual body actions they see. These discussions should not identify individual competitors.

Judges should give the benefit of the doubt to the competitor and penalize only when they are certain of the infraction. However, once they are convinced, they must act to protect the competitor who is sailing fairly.

Judges should not allow individual classes a level of prohibited actions just because all boats seem to be breaching the rules a similar amount. Judges must remain objective and penalize boats that break the rules.

Judges should penalize a boat for a breach of rule 42 only when they are sure they have observed a breach and they are able to explain it to the competitor, using the words of the rule and the World Sailing Interpretations. Impartiality and objectivity in judging are crucial. A second, third or subsequent penalty against a boat should be judged the same as the first. To achieve this goal, judges should rely on what they see on the water each day and how the kinetics fit within the World Sailing Interpretations of rule 42. They should not focus on event results or yellow flag penalty counts.

One of the first indications that a boat might be breaking rule 42 is that one boat looks different from the others in the movement of the boat, rig or sails, or the body of the competitor. Judges must observe both the actions and the effects of those actions before they can conclude that a boat has broken rule 42.

Judges will make decisions that are more objective and consistent if they go through the following process before deciding to penalize:

Some of the questions that judges should ask themselves and each other are:

Possible Pumping

Possible Ooching
Downwind:

Upwind:

General
Judges must monitor all rule 42 infringements, even those not mentioned above, such as propelling a boat by fending off others and decreasing speed by dragging feet or the body in the water.

Judges must be thoroughly familiar with rule 42, the interpretations of rule 42 and Appendix P, Special Procedures for Rule 42. This Appendix outlines the penalties and procedures for on-the-water judging of rule . Before going afloat each day, judges should re-read rule 42 and the interpretations, and any change in the class rule to refresh their knowledge.

During a race, the judges on the water should do their best to cover the entire fleet, but the major focus must be on the first third of the fleet. The top competitors generally set the example for the fleet.

Rule 42 breaches divide into two types: tactical and technical. 

Usually, both judges in the boat should agree on a technical infringement before they penalize a boat. While the benefit of doubt remains with the boat, once the judges are sure of the infringement they should penalize promptly and protect the fairness of the competition for the other sailors.

A judge who sees a clear tactical infringement may and should act independently.

Once the judges decide to penalize a boat, one judge should be responsible for all signaling and recording of penalties and the other should focus on driving.

The judge handling the signals should raise the yellow flag high in the air immediately and hold it vertically while the boat moves into position to hail the boat. Since the jury boat will often have to move faster than normal to get into a position to hail promptly, hold the flag up while moving into position to inform the boats that the jury boat’s sudden movements have a purpose.

When the jury boat is close enough that the judge is sure the competitor will hear and understand, the judge should blow the whistle forcefully, point the yellow flag at the penalized boat and hail loudly. If the competitor does not appear to hear or understand the hail, repeat it and make eye contact, if possible. Be sure that the competitor has heard the whistle and hail and seen the flag pointed at their boat. Once the judges are satisfied that the penalty has been clearly signaled and the competitor is aware, they should promptly remove the yellow flag. Do not keep it displayed until the boat acts.

Remember that the signals should be clear and the hail loud and clear so that all boats around the offending boat also know who has been penalized.

If the judges must delay their signaling to move into position safely, they may add to the hail a very brief description of the infringement so that the crew knows why the penalty was given. Examples include, “Sculling just before the start”, or “Body pumping at the mark”.

When judges are observing penalties being taken and recording the details of the infringement, they should also be seen to keep observing the rest of fleet. This could prevent other boats from infringing rule 42 while the judges appear to be distracted. The judge driving should keep observing the fleet while the other judge tracks the penalty and records the infringement.

The judge recording the penalty should record: the boat’s number; the race number and leg of the course; the time of day; the infringement; relevant rules and interpretations; what action the boat took in response to the penalty; and any other special circumstances which may warrant consideration, such as a start being recalled.

When observing a boat taking a Two-Turns Penalty, note the tack they were on when they started and finished their turns. Watch carefully whether the penalized boat takes its complete Two-Turns penalty with two tacks and two gybes. For some classes, such as skiffs, boards and kites, the sailing instructions change rule 44 by specifying a One-Turn Penalty.

If the judges penalize two boats at the same time, each will observe one of the penalized boats to see that each boat performs the proper penalty.

If the penalty is signaled just before or after a boat finishes, the judges should record boats that finish in front of and behind the penalized boat in both the penalized boat’s original finish, and her second finish after performing her penalty turns. Ashore, judges should check the results to make sure that the boat is scored in its correct finishing position. If the boat fails to finish correctly after doing her penalty turns, they must communicate this to the race committee so that they may score her DNF. The judges are responsible for making sure that the boat complies with the definition of finishing after the penalty is signaled.

If a boat continues to race or performs the penalty turns improperly, after racing the judges must report that boat’s disqualification to the judge recording the penalties: DSQ for a first penalty, and DNE for a second, third and subsequent penalty. The judge responsible for recording penalties will advise the race committee in accordance with Appendix P2 Penalties. The judge responsible for checking results should also check the posted results to ensure that they reflect the appropriate penalty.

If a competitor requests redress from the posted results the judges should be prepared to attend a hearing. P4 limits the possibility of redress for actions taken under P1 to an action that was improper due to a failure to take into account a race committee signal or a class rule.

When judges penalize a boat and the race committee subsequently postpones the start, signals a general recall, or abandons the race, the boat is not required to take a penalty. If it is the boat’s first breach, the boat does not have to take a Two-Turns Penalty. If it is the boat’s second or subsequent breach, the boat may participate in any restart (see rule P3). However, the judges must record and report the penalty, since the penalty still counts in the number of times the competitor has been penalized during the series.

When the judges penalize a boat for the third or subsequent time and she fails to retire, her penalty shall be disqualification without a hearing from all races in the event. Her score shall be DNE in all races in the event, and the protest committee shall consider calling a hearing under rule 69.2.

Using an audio or video recorder can be a valuable tool. Some best practices to maximize the benefit include:

Once ashore after racing, judges must report all yellow flag penalties and the resulting action taken by boats to the judge responsible for recording penalties at the conclusion of the day’s racing. This includes submitting a report of no activity if the judges did not give any yellow flag penalties. If an on-line reporting system is used, each judge will enter their own penalties into the database.

An accumulating list of rule 42 infringements is posted on the official notice board after each day’s racing. Provide a good explanation of what was seen with each infringement. Good explanations convey clearly to all competitors how a rule was broken and demonstrate the judge’s competence. They also can replace the need for competitors to seek an explanation from the judges. The explanations should read like “facts” and where possible use the terminology in the rules or, if needed, the interpretations.

Judges should be available to answer questions about penalties, either afloat between races, or ashore after racing.

At top level events competitors and their coaches will usually ask for an explanation of a penalty. In nearly all cases, the competitor will know why they were penalized and are just seeking to confirm the reason.

Give as many details as possible about the boat’s actions. Describe what first attracted your attention. Describe how the competitor’s actions affected the boat. Explain the rule breach and the relevant World Sailing Interpretation.

Competitors can be angry, upset or confused by the penalty. Some might deny the breach or link the penalty to an implicit accusation of cheating. A judge can mitigate the risk of an emotional confrontation by talking calmly about the boat’s specific actions and avoiding implications of the competitor’s motives or intent. If both judges that were involved in an incident are available, they should talk to that competitor together. One judge should calmly handle most of the conversation. The other judge should watch for signs that the discussion is becoming confrontational or argumentative. If this happens, the second judge can suggest that they continue the conversation later. If only one judge involved in an incident is available, ask another judge to be present while explaining the penalty to the competitor in order to avoid any misinterpretations.

Judges usually wait for the competitors to initiate the discussion. They should be more proactive by initiating a meeting when they believe a competitor may not understand how their actions break rule 42. This is particularly appropriate at youth or low-level adult events, with inexperienced competitors, or when a competitor has received a second penalty for the same action. By explaining the rule infringement, the judges can help the competitor to avoid additional penalties.

Appendix P limits redress to an improper action taken by a judge under rule P1.2 due to a failure to take into account a race committee signal or a class rule. If a boat wants to seek redress alleging that the rule 42 penalty was an improper action of the jury, remind them of this limitation to redress.

Being in the right position at the right time is crucial to judging rule 42. The objective is to place jury boats in positions where they are in the line of sight of boats racing and close to potential problems. This requires:

It is not possible to monitor all the boats all the time. However, it is an achievable goal for the jury boats to cover the course such that every racing boat is aware of their presence at some time during each race. The best way to be effective is to position your jury boat near the front of the fleet and motor along at a similar speed to the boats. The judges should pay closer attention to the leaders, but look with a wide vision, to scan as many boats as possible.

In events with multi-fleets the judges may have insufficient resources to cover all of them. If choices must be made, judges should prioritize starts, downwind legs, and finishing legs.

Judges operating boats are responsible for minimizing their engine wash and positioning their boat in a manner that will minimize the effects of their wind shadow.

Jury boats should try to cross boats at right angles maintaining a predictable course when close to them. Jury boats should be a minimum of five boat lengths away when crossing in front and one boat-length away when crossing behind. On downwind legs, be aware that in surfing conditions, boats will often make dramatic course changes to take best advantage of the waves. If you find yourself too close to the boats, your best option may be to stop and let the boat sail around you. The driver can raise both hands up high as a signal to the boat that the jury boat has stopped.

Except at the start and during the first beat, jury boats should position themselves, so they are visible to the maximum number of competing boats.

When penalizing a boat, the driver must balance the need to be close enough to the boat to signal the penalty clearly, while remaining sufficiently far away to stay clear of the penalty turns that the boat may perform.

Rule 42 takes effect at the preparatory signal. Generally, rule 42 violations are rare until about a minute before the start. In light air, a boat that is having trouble reaching the starting area might use illegal kinetics after the preparatory signal, including a tow from their coach boat, to get to the starting area. A boat wishing to start at the far end of the starting line might break rule 42 in an effort to traverse the line quickly. 

 
Signal penalties as soon after the incident as practical. Do not wait for the starting signal. 
 
A penalized boat must sail well clear of other boats, and perform both turns promptly to take her penalty. 

Penalties must be signaled quickly; therefore, the Jury boat must stay clear of other competing boats.
 
 

Common infractions: 

 
Positioning of boats
The Judge working as the course chief will assign positions behind the line. Usually the boats will spread from right to left.  Their positioning will depend on the distribution of competitors, and not the actual starting line. When assigned to take the “pin end” of “left end”, a boat will cover the boats closest to the pin end of the line. 
 
Each judge boat should identify the boats they are responsible for. In a fleet of 100 boats with four judge boats, each one would cover 25 boats. If two judges are on the boat, one judge watches 13 boats on one side of the boat, and the other judge watches the remaining ones on the other side. Stay focused on the boats that are your responsibility. Jury boats should position themselves far enough behind the fleet to observe all boats they are responsible for, and close enough to respond quickly, depending on the size of the fleet. Since most boats are on starboard tack in their final positioning just before the start, jury boats will have the best view when they are positioned astern of the boats.

Watch a large group of boats seeking to start at the starboard end of the line from a position below and to the right of the entire starting line.

Judges can find it challenging to move their boats into a good position to signal a penalty without affecting other competing boats. In light wind, the sound of a hail and the whistle will carry a long distance allowing the Jury boat to signal with less movement. Immediately after the start, it may be impossible to signal promptly without interfering with other competing boats. In this case, wait until you can make a good approach to the competitor, and then signal them. When you’ve had to delay the penalty, you can add a quick explanation such as “Rocking back at the start” so that the competitor knows why you penalized them.
 
 

Common infractions:
 
In light wind: 

 
In stronger wind: 

Jury boats will generally position themselves behind the fleet and focus on pressure points. Jury boats can move through the fleet, being extremely careful of their wake. A jury boat should avoid remaining alongside a single boat for an extended time. The engine noise and propeller wash can be distracting to the competitors.

Towards the end of the upwind leg, the jury boats should start to position themselves for the next leg. The jury boat watching the front third of the fleet should move into a position to observe the leaders as they start the reach or run. Towards the end of the leg, the jury boat observing the rear two thirds of the fleet should move to a visible position to windward of the windward mark.

At the first windward mark the jury boats should be highly visible. A second jury boat, positioned to leeward of the fleet, should go with the leaders as they sail on the reach. Positioning to leeward of the fleet on the reach allows judges to stay closer to the fleet with less negative effects from wind shadow or wake.

At the start of the leg, the Judges should actively discuss and decide if surfing and/or planing conditions exist. If the conditions are marginal, Judges must frequently reconsider as small changes in wind may cause surfing and/or planing conditions to come and go.
 
An increase in boat speed does not necessarily qualify as surfing (rapidly accelerating down the front of a wave).

On reaches, one boat will often begin to surf by pumping illegally and start gaining on other boats. Seeing this, the judges should penalize the boat as soon as they are sure of the breach. If they wait too long, they may lose control of the fleet, and many boats will start breaking rule 42 to keep up. If this does happen, the judges should keep penalizing until the fleet starts complying with the rules.
 
Judging when one wave ends and another start can be difficult. You can judge the end of one wave as the end of a surge of boat speed.  When a boat is planing the competitor is not permitted to pump, even though the boat may move from one wave to another.
 
In stronger winds, it is often difficult to differentiate between rapid trimming and pumping. The rules permit trimming that is in response to changes in wind, gusts or waves, even if rapid. However, they do not permit repeated trimming that is not connected to wind or waves. A competitor may not constantly pump their sails.
 
Common infractions 

Positioning of Jury boats
One Jury boat should stay to leeward of the fleet. The boat that was at the windward mark watches from the windward side of the fleet. 
 
If you see an improper action during a mark rounding, wait until the boat is clear of the mark and on the next leg to signal the penalty. 

A competitor rolling the boat by repeatedly moving their bodies the same way as the mast with no change of direction is rocking. In positive rocking, the windward roll is caused by the competitor moving to windward first. In negative rocking, the competitor begins the rocking by moving to leeward first. If the competitor’s body movement counters the roll of the boat, it is permitted trimming.

The best way to identify boats that may be rocking illegally is to keep a wide view. Your eyes will naturally pick out boats that are rolling more than those around them. Watch those boats to identify what is causing the extra rolling. You should penalize body motion or repeated trimming not related to the wind or waves that is inducing the rolling and is not permitted by the exception. This can be difficult to judge, as boats combine permitted and prohibited actions. Talk over the specifics of what you see with your fellow judge. If you are not certain that the motion is permitted, watch for a little longer. Penalize only when both judges are satisfied that the rolling is prohibited and that they would be able to describe clearly the prohibited body motion to the competitor.

World Sailing Interpretation, ROCK 3 does not require competitors to stop their boat’s background rolling. However, when the boat is set up to be unstable, a single roll may be enough to induce repeated rocking and that is prohibited (ROCK 5).

Be alert for excessive gybing or pumping in the last 100 meters of the leg to establish or break overlaps.

Common infractions

Positioning of jury boats
Always position one jury boat near the front of the fleet. Often the same jury boat will follow the leaders throughout the race. Having a jury boat near the front will encourage rule compliance by the leaders. This helps ensure that boats will win or lose by fair sailing.

Both jury boats should attempt to move within the fleet. If a jury boat travels from the back of the fleet to the front, it should stay well clear of the fleet before accelerating, both for safety and to minimize the impact of their wake on the boats. When moving at speed, try to find the speed at which the jury boat has the least wake. For many small powerboats, traveling at a moderate speed maximizes the size of their wake. Avoid such speeds unless necessary for safety.

The lead jury boat should watch the initial roundings from the center of the gate, staying clear of sight lines for race committee and the media boats.

The issues on the final leg are the same, except that a Jury boat must be present in the finishing area at all times when boats are finishing. 

 

When the Judges see an infringement right at the finish, they can and should penalize boats, even if they are no longer racing. Make every attempt to signal the penalty quickly when a boat has finished so that the competitor can promptly perform their penalty turns and re-finish. 

 

Be aware that the penalty for the competitor’s second, third or subsequent yellow flag protest is to retire from the race instead of doing a Two-Turns Penalty. If the finish is crowded and the race committee is busy, the competitor may wait for a clear opportunity to notify the race committee that they are retiring. 

 

Common infractions 

 

A Jury boat should position itself near the last leeward mark and move towards the finish with the leaders. The Jury boat should position itself close to and to leeward of the first small group of closely competing boats and  follow them to the finish. It should then remain at the finishing area. 

 

The second Jury boat should watch the end of the last run, and then patrol the final reaching area paying particular attention to “pressure points” where boats are close together and passing might be possible by infringing rule 42.