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  • 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. 
    Today 18:51
  • Etihad UAE Visa provides UAE visa to visit the country. Etihad UAE Visa provides you with easy, fastest and excellent service, apply online at www.etihaduaevisa.com
    Today 14:56
  • David, Glad you enjoyed the Christmas Bonbon!

    Personally I like Jim's recent summary of "Angelo's interpretation" as it appears to be the fairest interpretation.

    We all have a natural inclination to seek a "fair solution." However, as judges we should apply the rules as they are written, rather than substituting our own notions of fairness. Seeking a "fair solution" tends to get you in trouble.

    Ultimately, the rules alone should be sufficient. Cases may help but they should not be required.

    There are 421 Cases and Appeals to explain the rules (136 World Sailing Cases, 79 US Sailing Appeals, 80 Sail Canada Appeals, and 126 RYA Cases). None of which answer to the Christmas Bonbon! 
    Today 02:57
  • 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.
    Yesterday 04:50
  •  Gordon Davies Created: Yesterday 13:39 ID: 20402: in my industry sector, in contracts drafting etc, tendency nowadays is to drop the usage of the word 'best' (more use: appropriate or diligently or such like)...such is the legal world today :)
    Yesterday 00:53

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