PREAMBLE

This chapter provides information and help for judges at offshore and oceanic races. For readability and understanding, it follows the outline of Appendix N describing the duties of the international jury. The chapter takes into account that oceanic and offshore racing requires procedures that change the RRS (in accordance with rule 86), respecting as closely as possible the basic principle of Racing Rules of Sailing Part 5 Section B. This chapter also comments on some specific procedures at offshore and oceanic races.

Where possible, include members of the protest committee who have knowledge of navigation calculations, tracking systems, electronic charts, GPS and meteorological analyses, needed to decide the appropriate penalties and redress in hearings. A good knowledge of the International Regulations for Preventing Collisions at Sea (IRPCAS) and the World Sailing Offshore Special Regulations (OSR) is also needed. If no member of the protest committee has this knowledge, an independent expert may be called when needed to give evidence. The race committee or the race director may also provide information and technical help.

A meeting of the full protest committee prior to the start and finish of the race is recommended. At the initial meeting the communications methods within the protest committee may be established. All members should be familiar with the use of the chosen technology. The aim is to define a policy to reduce misunderstanding and to ensure confidentiality.

During the race, the protest committee may resolve issues remotely, by email, conference call, or other means. All judges must be available for contact throughout the race.

In a race that has various legs and stop-overs, the composition of the protest committee might not remain consistent. For continuity in a race that has various legs, it is preferable to keep at least the chair and one other member of the protest committee throughout the entire race. After a leg of the race, local judges may take part in the protest committee, provided that all the required skills required are maintained.

Protest committee members must handle information relating to emergencies, serious accidents or any dangers relating to competitors sensitively. The confidentiality of the information must be safeguarded. The Safety Management chapter and the section on safety in the Organization & Race Management of Offshore Events chapter in the World Sailing Race Management Manual provide guidance.

The responsibilities of the international jury set out in Appendix N2 are no different at an offshore event than those at other events. Since oceanic events span long periods of time, a good working relationship among all race officials is essential. It is also essential to maintain the independence and impartiality of the international jury.

Pre-race protests on measurement and safety equipment or class requirements must be handled sensitively. Sensitive information about equipment or the race may be involved and might draw attention from the media. Judges must take extra care to safeguard this information.

If referred by the organizing authority, the protest committee’s responsibilities may include under rule N2.3:

BEFORE THE RACE:

DURING THE RACE:

AFTER THE RACE:

The notice of race or sailing instructions may make various changes to the racing rules. This list, while not exhaustive, shows many examples of the rules that typically are changed in the sailing instructions, in these categories:

RELATED TO PROTEST PROCEDURES AND DECISIONS OF THE PC

RELATED TO OUTSIDE HELP, RULE 41

RELATED TO SAFETY

RELATED TO NAVIGATION

RELATED TO MEDIA REQUIREMENTS IN THE NOTICE OF RACE AND SAILING INSTRUCTIONS

Even though there are specific hearing procedures for offshore and oceanic races, the protest committee must always protect each party’s right to be heard, no matter what hearing procedure is followed. The scheduling of hearings conducted while racing, whether by email or other means, should accommodate sailors for fatigue or weather considerations. It is preferable that both boats agree on the time for the hearing.

BEFORE THE START
The full protest committee should be present on site, if possible. If any hearings need to be conducted before the start, the protest committee should be aware that there is no requirement for any party to check the notice board. Therefore, if a competitor or support person is called in for a hearing, the notice should be made in writing and delivered to the person whom it concerns. While this is true for all events, it is more likely to occur at an oceanic or offshore event, for example in the case of measurement issues, the OSR, etc.

DURING THE STARTING SEQUENCE
Protests involving the rules of Part 2 are likely to occur during the starting sequence or around the initial rounding mark. Having members of the protest committee on the water is helpful. Especially early in the race, competitors may prefer to concentrate on racing and avoiding traffic rather than take time for a hearing via conference call or to write a complete statement. They may be able to respond to email or other written communications later, depending on weather and their progress in the race.

If there is no agreement on the facts of a protest involving the rules of Part 2 or IRPCAS, it is often better to have a hearing after the finish. An exception could be if there is damage and a request for redress.

DURING THE RACE AND WHILE RACING
After the start, organizers frequently wish to have any protests or requests for redress resolved prior to boats finishing. The timing of conference calls for hearings and decisions must recognize that protest committee members may be in diverse locations and time zones. The chair should give enough time to members to answer e-mails and set a timeline for answers.

AT OPEN SEA
Protests between boats are infrequent. Protests from the race committee, technical committee and protest committee are more frequent.

Protests by the race committee often relate to infringements of the IRPCAS, including rule 10 Part B relating to TSS. Keep in mind that some infringements of the IRPCAS may lead to an appearance in a national maritime high court.

When the protest has been decided, it may be communicated to all parties involved. A copy should be sent to all other committees for practical application and information.

AFTER THE FINISH
Protests after finishing are most frequently from the race committee and technical committee, in relation to broken seals or lost equipment.

In races of extended duration, disqualifying boats for rules breaches is usually inappropriate. For example, the score, Disqualification that is not excludable (DNE) is not used in The Ocean Race, the Figaro or the Vendee Globe. The longer the race, the more reluctant organizers may be to see a boat disqualified. There is a tendency to rely more on discretionary penalties.

The use of discretionary penalties should be stated in the sailing instructions and may vary with the requirements of the organizing authority and the culture of the race. There is no consistent approach to discretionary penalties for offshore and ocean racing, but a few organizers have developed models for addressing penalties.

COMMON DISCRETIONARY PENALTIES

This is one of the most difficult parts of the protest committee’s work at offshore and oceanic races because giving redress will have a direct impact on results. The most common requests for redress are for:

The value of the redress given is usually expressed as a reduction of the elapsed time, rather than as corrected time. In view of media attention, decisions on redress are best taken and published as soon as possible, and if possible, before the boats finish.