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  • Thanks John and Mark, I hadn't really thought of it in those clear and succinct terms before - but I do now. Perhaps "right-of-way" could be simply described as 'a state of being' per say (the term, being a well aged sailing one, and while not a Defined Term itself (is adjunctive to another Defined Term - keep Clear), comes up 31 times in RRS and 64 times in The Case Book); with all parties, whether RoW or not, have their express rule-based obligations (similar in Law of course: eg an threatening intruder on private property, property owner in their right to repel but obligated to only use reasonable and proportional force to do so etc).
    Today 03:25
  • I'm a month late to the party but wanted to add my own endorsement of this idea, for whatever that might be worth. 

    I agree with the numerous posters that have opined that the current ruleset and culture of strict validity requirements is harmful to the sport. I'm also aware that I am - and presumably many participants in this forum are - radically pro-protest in comparison to the average racer. There is a pervasive attitude amongst racers that protesting is itself unsportsmanlike. The strict validity requirements are often interpreted as intended specifically to reduce the number of "full" protest hearings, which just feeds into the anti-protest mentality. 

    I'm absolutely in favor of reducing the validity requirements in situations where it should be clear to the protestee that either (a) they are being protested, or (b) a rule was broken (e.x. contact occurred) and they may be at fault. 
    Yesterday 20:14
  • I want to thank everyone for the comments and suggestions.  For anyone faced with a similar situation, please note John Allan's reply (buried in the middle of the thread) with suggested SI language for this format that hopefully will minimize competitor confusion regarding the meaning and applicability of case 78, RRS 2, and RRS 41 in this format. 
    Yesterday 16:06
  • Hey Matt ... hope you are well. Regarding ...

    "I've watched a protest be thrown out because the fouled boat was already two boats lengths from the mark when they hoisted their protest flag for an incident that happened at the mark. "

    If in the US, that may have been overturned in an appeal. Please see US124

    I personally had a protest committee invalidate my protest because they failed to post the notice of hearing properly.  Their mistake.  They could have fixed it by delaying and giving the protestee more time to prepare. 

    Again, if that's truly what happened, that decision would have very likely been overturned on appeal.   If your filing ID'd the protestor, protestee and the incident ... and was in writing and delivered to the race office timely ... and you did what was required on the water, it's hard for me to imagine a circumstance where a PC would "invalidate your protest".  

    Now, they might decide to invalidate their initial hearing ... but in doing so the likely proper action would be to start over with a new hearing after correcting the RC/PC procedural faults. 

    In realtime ... you could have requested a reopen ... it wouldn't be a request for redress.   If they told you to request for redress, that was incorrect (and improper by the PC) as you can't R4R a PC decision in which you were a party to the hearing. 
    Tue 18:51
  • We use the term ‘elect to pass’. The leeward right of way boat, in this situation, could choose to pass the obstruction on either side. If she chooses to tack then she must make the call early enough to allow the windward boat to also tack. If she chooses to pass the obstruction by bearing away she is required to do that early enough and with enough space to allow the windward boat to also bear away to clear the obstruction in a seamanlike way.
    Mon 04:50

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