Forum: Rules 2 and 69

Sportsmanship and the Rules Background History

P
John Allan
Nationality: Australia
Certifications:
  • National Judge
  • Regional Race Officer
Jerry Thompson, in the thread What does it mean to "enforce" the rules? initiated some discussion about the background to Sportsmanship and the Rules in the RRS.

Here's my historical outline.


Summary
Before the 1961 rewrite of the rules, there was no rule expressly addressing sportsmanship.

The 1961 rewrite provided rules:

●       requiring sportsmanship;
●       requiring that a boat that that realises that she has broken a rule should retire; and
●       dealing with gross breaches.

The sportsmanship rule referred to ‘sailing’ ‘speed and skill’, and ‘individual effort’ as ‘principles.

In 1973 the Retiring rule was changed from ‘should’ to, effectively ‘shall’.  Semble, the drafters were being cautious about the mental element ‘realises’.

In 1977 the Fair Sailing rule was elevated from rule 49 to an unnumbered rule at the beginning of the numbered rules, headed Fundamental Rule’.

In 1989, Fair Sailing and Accepting  Penalties were Fundamental Rules C and D.

In 1995, the obligation to retire if a boat breaks a rule was stated as a ‘fundamental principle’, and the sportsmanship rule omitted references to sailing, speed and skill, and individual effort and referred only to recognised principles.

 Up until 1995, the Accepting Penalties rule was conditioned by ‘when a boat realises’.  This was deleted in the 1995 rewrite, but the route to the obligation was via rule 2, which required that breach of principles be ‘clearly established’.

IMHO, that still requires, for the accepting penalties provision, that

●       a boat must have broken a rule, and 
●       a boat must know that she has broken the rule (facts of breach and knowledge of rule).

Anything less, and she is under no obligation.

Sportsmanship and the Rules Background


Pre 1961
Neither The [European] IYRU Rules nor the NAYRU Rules, pre 1961 contained any rule expressly addressing sportsmanship.  They both addressed issues of sportsmanship indirectly as shown below.


NAYRU Rules
Appendix 1
 The Proprieties of Yacht Racing

The moral obligation to avoid unsportsmanlike conduct, observe the Proprieties and obey the Racing Rules is accentuated in yacht racing because there is no penalty for failure to observe a Propriety and because the racing rules are designed to promote and govern sporting competition between fair-minded contestants

(a)    Duty to Avoid Collisions - …
(b)    Interfering With Other Yachts - …
(c)    Withdrawing from a Race, Reporting Rule Violations -
A yacht withdrawing from a race should … make it clear to her competitors that she has withdrawn.  The interests of the sport will be best served by voluntary withdrawal as soon as it becomes clear to a yacht that she has violated a rule … 
(d)    Duty to Hail - …


IYRU Rules
Rule 52 – Penalties for Gross Breach of Rules

Should a gross breach or infringement of any of these rules be proved against the owner of a yacht or against the owners representative or amateur helmsman, such owner, his representative or amateur helmsman, may be disqualified by the National Authority for any time the National Authority may think fit, from steering or sailing in charge of a yacht in any race held under the rules of the National Authority.


Comments
The Preamble to Appendix 1 of the NAYRU Rules shown above illustrates the practice of including a brief homily about sportsmanship at the head of the rules.

IYRU Rule 52 applies only owners, owners representatives and amateur helmsmen.  Other crew and paid helmsmen are not covered.

Rule 52 applies only to action by the National Authority beyond the event at which the breach occurred.


1961 Rules
In 1961 the European IYRU Rules were combined with the NAYRU Rules, which reflected the predecessor provisions in the separate rules as shown below


Rules
33 – Retiring from Race

As soon as a yacht, while racing realises that she has infringed a racing rule or a sailing instruction she should retire immediately;  but, if she persists in racing other yachts shall continue to accord her such rights as she may have under these rules.

A yacht is subject to [rule 49] only while she is racing

49 – Fair Sailing

A yacht shall attempt to win a race only by fair sailing and superior speed and skill.  However a yacht may be disqualified under this rule only in the case of a clear-cut violation of the above principles and only if no other rule applies

74 – Penalties for Gross Breach of Rules

If a gross breach or infringement of any of these rules is proved against the owner of a yacht or against the owners representative or helmsman, or sailing master, such owner, his representative or helmsman, or sailing master may be disqualified by the national authority for any time the national authority may think fit, from steering or sailing in charge of a yacht in any race held under the jurisdiction  of that authority.


Comment
The ‘while racing’ limitation on rule 49 might be seen as a progenitor of the Case 138 limitation on application of rule 2 to an action by a competitor that directly affects the fairness of the competition.

Aside, arguably, the ‘shall attempt to win’ language in rule 49, might be interpreted as a ‘shall race to win’ obligation


1964 Rules
The ‘while racing’ limitation on rule 49 was removed 


1969 Rules
No Change


1973 Rules

Rules

Rule 33
33 – Retiring from Race

A yacht which realises she has infringed a racing rule or a sailing instruction is under an obligation to retire promptly, but when she persists in racing, other yachts shall continue to accord her such rights as she may have under the rules of Part IV


Rule 49.
No change.


Rule 74
74 – Penalties for Gross Breach of Rules

1.      When a gross infringement of any of these rules, the sailing instructions or class rules is proved against the owner, the owners representative, the helmsman, or the sailing master of a yacht, such persons may be disqualified by the national authority for any time the national authority may think fit, from steering or sailing in charge of a yacht in any race held under the jurisdiction  of that authority.
2.      …
3.      After a gross breach of good manners or sportsmanship the race committee may exclude a competitor from further participation in a series or take other disciplinary action.


Comments
Rule 33 has changed the admonitory ‘should’ to a positive obligation to retire promptly.

Rule 74.3 adds action to be taken by the race committee for the new offence of gross breach of good manners or sportsmanship, but not of other racing rules, ... in respect of the event at which the breach occurs.


1977 Rules

Fair Sailing Rule
The practice of referring to Port and Starboard and Windward Leeward right of way rules as ‘fundamental rules’ was discontinued, and a new section ‘Fundamental Rule’ containing one, unnumbered rule as follows was inserted immediately after the title page and before Definitions, and rule 49 was deleted.

Fair Sailing

A yacht shall participate in a race or series of races in an event only by fair sailing, superior speed and skill, and, except in team races, by individual effort.  However, a yacht may be disqualified under this rule only in the case of a clear-cut violation of the above principles and only when no other rule applies.

Comment:  this rule enumerates ‘principles’ as follows:

●       Fair sailing,
●       Superior speed and skill;  and
●       Individual effort.


Retiring from Racing or Accepting Penalty Rule
Turns and Scoring Penalties were introduced as ‘Alternative Penalties’ in Appendix 3 in the 1977 rules.

Rule 33 was accordingly amended to read as follows

33  Rule Infringement

33.1 ACCEPTING PENALTY
 A yacht which realises she has infringed a racing rule or a sailing instruction is under an obligation either to retire promptly or to exonerate herself by accepting an alternative penalty when so prescribed in the sailing instructions, but when she does not retire or exonerate herself and persists in racing, other yachts shall continue to accord her such rights as she may have under the rules of Part IV.


Gross Breach rule
No change.


1981 Rules

Definition of ‘rules’
Definition of ‘rules’ inserted for the first time at the beginning of Part VI Protests Penalties and Appeals, similar to the current definition as shown below.

Rules – 

(a)    These racing rules, and
(b)    the prescriptions of the National authority concerned when they apply, and
(c)    the sailing instructions, and
(d)    the appropriate class rules, and
(e)    any other conditions governing the event.


Accepting Penalty Rule
No change.


Fair Sailing Rule
No significant change.


Gross Breach Rule
No significant change.


1985 Rules

Structure
Material previously included in title page now headed ‘Introduction’, followed by a Part, headed Part I – Status of the Rules, Fundamental Rules and Definitions.


Definition of ‘rules’
Continued to be provided at the beginning of Part VI Protests Penalties and Appeals.  No change to definition.


Accepting Penalty Rule
No change


Fair Sailing Rule
Now placed in Fundamental Rules as Fundamental Rule C Fair Sailing No significant change


Gross Breach Rule
The rules was restructured to show Action by the Race Committee or Protest Committee first, followed by Action by the National Authority as shown below

75.  Gross Infringement of Rules or Misconduct

75.1  PENALTIES BY THE RACE COMMITTEE OR PROTEST COMMITTEE.
 After a finding of gross infringement of the rules or of a gross breach of good manners or sportsmanship, the race committee or protest committee may exclude a competitor, and a yacht when appropriate, either from further participation in a series or from the whole series or take other disciplinary action, proceeding in accordance with … 

75.2 PENALTIES BY THE NATIONAL AUTHORITY …
 Upon receipt of a report of gross infringement of the rules or a gross breach of good manners or sportsmanship …


1989 Rules

Structure
No change


Definition of Rules
No change


Fair Sailing Rule
C. Fair Sailing

A yacht, her owner and crew shall compete only by sailing, using their speed and skill, and, except in team racing by individual effort, in compliance with the rules and in accordance with recognised principles of fair play and sportsmanship.  A yacht may be penalised under this rules only in the case of a clear-cut violation of the above principles and only when no other rule applies …

This rule now adds ‘recognised principles of fair play and sportsmanship’ to the formerly enumerated ‘principles’ of sailing, speed and skill and individual effort.


Accepting Penalty Rule
The Accepting Penalty part of rule 33 was moved into Fundamental Rules as shown below.

D. Accepting Penalties

A yacht that realises she has infringed a rule shall either retiree promptly or accept an alternative penalty when so prescribed in the sailing instructions.

The ‘continue to accord rights’ part of rule 33 was stated as a new rule 34 as shown below.

34  Maintaining Rights

When a yacht that may have infringed a rule does not retire or exonerate herself other yachts shall continue to accord her such reighs as she has under the rules of Part IV.


Gross Breach Rule
More detailed procedures specified, but focus remains on gross breach of rules, good manners or sportsmanship.


1995 Rewrite of the Rules (1997 Rules)

Structure
Introduction expanded to include Terminology, Appendices, Changes to the rules and a boxed ‘homily’ as follows

SPORTSMANSHIP AND THE RULES
 Competitors in the sport of sailing are governed by a body of rules that they are expected to follow and enforce.  A fundamental principle of sportsmanship is that when competitors break a rule they will promptly take a penalty or retire


Definition of ‘rules’
Definition now included in Definitions, as follows

Rule
(a)    The rules in this book, including the Definitions, Race Signals, Introduction, preambles and the rules of an appendix, but not titles;
(b)    the prescriptions of a national authority, when they apply;
(c)    the sailing instructions;
(d)    the class rules except any that conflict with the rules in this book; and
(e)    any other documents that govern the event.

Relevantly, (a) has been expanded to expressly include the Introduction, which now contains the ‘homily’ Sportsmanship and the Rules.


Fair Sailing Rule
Now reads

2 FAIR SAILING

A boat and her owner shall compete in compliance with recognized principles of sportsmanship and fair play. A boat may be penalized under this rule only if it is clearly established that these principles have been violated. A disqualification under this rule shall not be excluded from the boat's series score.

Comments:

  1. No longer refers to ‘sailing’, ‘speed and skill’, ‘individual effort’ or ‘in compliance with the rules’.
  2. No longer refers to ‘sailing’, ‘speed and skill’ or ‘individual effort’ as principles.
  3. This leaves only one ‘fundamental principle’ stated in the ‘homily’, when competitors break a rule they will promptly take a penalty or retire.
  4. Restriction only when no other rule applies deleted.
  5. Adds that penalty for breaking this rule is DNE.

Accepting Penalties Rule
  1. Moved from Fundamental Rules, into the Introduction under the heading Sportsmanship and the Rules, but remains a rule because Introduction is defined as part of the rules
  2. Now expressed as a ‘fundamental principle of sportsmanship’
  3. Omits the mental element ‘realises’.
  4. Also called up into the numbered rules by rule 2 which refers to ‘recognised principles of sportsmanship and fair play’.
Comment.  Elvstrom explains this restructuring as intended to enable the choice of either rule 2 or rule 69 for dealing with failure to take a penalty.


Maintaining Rights Rule
Now deleted altogether


Gross Misconduct Rule
Now placed in Part 7 Section C Gross Misconduct, structured as follows

Rule 69 ALLEGATIONS OF GROSS MISCONDUCT

69.1 Action by a Protest Committee
69.2 Action by a National Authority
69.3 Action by the ISAF

2005 Rules and later

Structure
Sportsmanship and the Rules now not boxed and headed Basic Principle


Definition of ‘rules’
No relevant change


Fair Sailing Rule
No relevant change


Accepting Penalties Rule
See Structure:  now headed Basic Principle


Gross Misconduct Rule
No relevant change



Created: 23-Dec-07 12:12

Comments

P
Angelo Guarino
Nationality: United States
Certifications:
  • Regional Judge
  • Fleet Measurer
0
Thank you John for once again doing a deep dive into your archive and sharing your research.  It’s really great stuff!
Created: 23-Dec-07 15:17
Philip Hubbell
Nationality: United States
Certifications:
  • Club Race Officer
  • Judge In Training
0
I, for one, am relieved that 
"A yacht shall participate in a race ... only by ... superior speed and skill..."
no longer resides in the rules.
It certainly would have disqualified me.

Created: 23-Dec-07 17:20
P
John Allan
Nationality: Australia
Certifications:
  • National Judge
  • Regional Race Officer
0
Ang,

Thanks for the kind words.

Phil,

Modesty becomes you.

Back then, the rules writers were grappling with kinetic propulsion, and, RRS 42 not yet having been written, were trying to do so at the basic philosophical level.
Created: 23-Dec-07 19:55
Andrew Alberti
Nationality: Canada
Certifications:
  • International Judge
  • National Umpire
0
John,
Thank you for the great summary.  I think just as relevant to the original question is the rule that said if you had a collision and neither boat protested, then both boats could be disqualified. This forced boats to enforce the rules.  If another boat saw a protest and neither of the two boats involved in the collision protested, all the third boat had to do was protest the collision.  The protest committee didn't have to decide who was right.
It seems to have appeared in the 1977 rule book:

33.2 CONTACT BETWEEN YACHTS RACING
When there is contact between the hull, equipment or crew of two yachts, both shall be disqualified or otherwise penalized unless: either
(a) one of the yachts retires in acknowledgement of the infringement, or exonerates herself by accepting an alternative penalty when so prescribed in the sailing instructions, 
or
(b) one or both of these yachts acts in accordance with rule 68.3, (Protests)

In 1981 the following was added to potentially waive the rule for minor and unavoidable contact.

33.3 WAIVING RULE 33.2
A race committee acting under rule 33.2 may waive the requirements of the rule when it is satisfied that the contact was minor and unavoidable.

In 1985 the two concepts were combined into a revised rule 33.2
33.2 CONTACT BETWEEN YACHTS RACING
When there is contact that is not minor and unavoidable between the hull, equipment or crew of two yachts, both shall be disqualified or otherwise penalized unless: either
(a) one of the yachts retires in acknowledgement of the infringement, or exonerates herself by accepting an alternative penalty when so prescribed in the sailing instructions, 
or
(b) one or both of these yachts acts in accordance with rule 68 (Protests by Yachts)
In 1989 the previous 33.1 disappeared so this rule became 33 and the last line changed a bit
(b) one or both of these yachts lodges a valid protest.
In 1993 the rule was simplified a recognized that third boat might have caused the collision and already accepted responsibility.
33 Contact between Yachts Racing
When there is contact between yachts racing that is not both minor and unavoidable, the yachts shall be penalized unless:
(a) one of them lodges a valid protest; or
(b) one of them, or a third yacht, retires (or exonerates herself by accepting an alternative penalty (when so prescribed in the sailing instructions) in acknowledgement of an infringement in that incident.

In the rewrite of the rule book in 1997 this whole concept disappeared except as caught up in the other rules John describes above.
Created: 23-Dec-09 03:48
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