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  • Kim ... the difference I attempted to highlight is that in the Call you referenced, the little arrow that shows the direction the mark is to passed/rounded .. is drawn as a "rounding arrow" (it is drawn curved showing a rounding course).

    It's been my experience that in cases/calls where the mark is not a rounding-mark, a straight arrow is used with the text "direction to next mark" (or something to that effect) ... and that a curved arrow is used to indicate a rounding-mark. 

    The difference being highlighted in this discussion  is in the instance where it's a passing-mark and the boats' positions are such that neither boat's proper course would take them close to the mark ... and thus the "sail to the mark" component of mark-room does not apply. 
    Today 12:50
  • Done.
    Today 01:17
  • As several people here have pointed out, the test of whether a boat's proper course is to sail to the mark is just that, a test. It does not convey any right to sail a proper course, only to sail a course directly to the mark. The World Sailing Rule 18 Working Party, of which I was a member, knew this would be confusing and worked hard to figure out how avoid having that test. We were unable to find a reasonably concise description of what we wanted, so we kept the wording about a boat's proper course being to sail close to the mark.  

    So if the test is confusing, why have it? The reason is simple: The whole purpose of rule 18 is to enable boats to get around or past marks in some orderly way without giving keep-clear boats more room than they need  to do that.  In some situations, boats sail through the zone of a mark without sailing to it -- consider boats sailing past a limiting mark, or finishing a couple of boatlengths from one end of the finishing line. In those cases, we do not want a keep-clear boat with mark-room to have the right to turn toward that mark when she would not ordinarily do so.. One test of whether a boat would ordinarily do something is pepper course, so we went with that. 
    Yesterday 22:15
  • There were a couple of US Sailing RRS 69 cases, back in about 2009 that somewhat spectacularly miscarried.  Some protest committees hold the belief that RRS 69 is a 'nuclear option' and its use exposes the protest committee to the risk of legal action if there is the slightest procedural misstep.

    This is a somewhat outdated view.

    Up until 2013, WS or a MNA under the powers in RRS 69 had the power of 'suspending eligibility, permanently or for a specified period of time, to compete in any event ... '.  For professional sailors this was readily able to be interpreted as a restraint of trade, and could easily lead to court action in the CAS or a civil jurisdiction.

    In 2013 and 2017 RRS 69 was changed significantly by:
    • introducing provision for a person to present the case against the accused in the hearing so that there was an accuser and an accused in the hearing and the protest committee was not acting as prosecutor, judge and jury,
    • introducing a right for the accused to have an advisor and a [legal] representative with them who may act on their behalf
    • introducing the standard of proof of 'comfortable satisfaction'
    • raising the threshold of reporting to the MNA from anything above a warning to a penalty above DNE
    • removing all powers of investigation and penalisation by a MNA or WS from RRS 69 and relying solely on the MNA/WS by-laws or regulations.

    Here's the main submission

    Submission 201-15
    Rule 69, Appendices M & N
    A submission from the Chairmen of the Constitution Committee, Race Officials Committee and Racing Rules Committee
    Purpose or Objective
    To update RRS 69 to remedy shortcomings based on experience since the current version was introduced, and in response to the undertaking to CAS to review the processes.
    The rule should be updated to achieve the following:
    (i) remove the concept of “Gross” misconduct as distinct to misconduct from this rule;
    (ii) to reintroduce a rule of misconduct by supporters, coaches and similar;
    (iii) to maintain the concept of increasing penalties determined by the severity of the misconduct;
    (iv) to establish a higher threshold before the decision of a protest committee should be notified to a national authority or ISAF; and
    (v) to remove from the rule the procedures to be followed by ISAF, which will be set out in a new or amended Regulation generally.
    To improve the guidance to protest committees acting under rule 69.
    To update RRS Appendix N (International Juries) in line with the new RRS 69 and to improve the guidance for the conduct of hearings.

    The changes to RRS 69:
    • remove the notion that a RRS 69 hearing is a 'star chamber' in which the protest committee acts as accuser, judge and jury, and the accused is unable to be properly advised and represented.
    • make it clear that it is a purely 'sporting' rule affecting places in races, or participation in a single series of races, and 

    The effect of this change has been to reduce the risk that a person subject to RRS 69 action will think it necessary to pre-emptively engage in litigation against the protest committee and, given the entitlement to have advice and representation in the hearing and the effect of RRS 4.3, reduces the risk that any such litigation will succeed.
    Sat 23:08
  • Niko,   I think there can be value in the +/- five degrees in certain situations. Where we frostbite on Boston Harbor, we're liable to get big swings, and RC will often leap-frog the windward and offset to aim a little bit closer to the new shift in case it stays. In other words, shifting a buoy 4 degrees is regularly the right move in an 8 degree shift. Whether they should then signal is up for debate, but I'd argue that most can still find the mark, and it takes some risk (and work) off for the RC that might encourage them to be a little more active. Just my opinion. 

    I think the whole point of Race Management Policies s12 is to discourage race committees from being too 'precious' about small shifts.  Here's the guidance

    12, Change in wind direction:
    (a) With a persistent wind shift of 10° or less the course will not be changed unless necessary to adjust for current or to provide a true downwind leg.
    (b) Between 10° and 15° consideration will be given to adjusting the course to the new wind provided that the race committee is confident that the shift is likely to persist.
    (c) With a persistent wind shift of more than 15°, the race committee will attempt to change the course to the new wind


    Note that the WS Race Management Policies are intended to apply at WS Championship and Olympic events.  I would suggest at lower level events the criteria should be quite significantly increased.

    What s12(a) is saying is that unless there is a persistent wind shift of more than 10 degrees, leave the course alone.

    Far from 'encouraging race committees to be more active', the guidance is intended to encourage them not to dither around.

    I suggest that a 4 degree change is unnecessary.

    In my opinion, switching off the requirements of RRS 33 is a bad idea,  race committees should accept the guidance in the Race Management Policies and put themselves to the discipline involved in RRS 33.
    Thu 21:17

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