Question Regarding Rule 60.2 – Intention to Protest: "Reasonable Opportunity"
In Rule 60.2, when a protest concerns an incident observed in the racing area, it requires the protestor (if a boat) to hail ‘Protest’ and, if over 6 metres, display a red flag “at the first reasonable opportunity.”
Question:
How can the term “reasonable opportunity” be objectively assessed or quantified in practice?
In particular, how do protest committees evaluate whether a boat complied with this requirement under varying circumstances, such as:
- Heavy wind or sea state
- Congested mark roundings
- Tactical engagements (e.g., approaching a finish or start line)
- Situations where the crew may be temporarily focused on handling the boat safely
Are there recognized guidelines, precedents, or casebook examples that clarify what is considered reasonable in different types of races (e.g., dinghy vs. keelboat, fleet vs. match racing)?
We wrestled with that question as a PC in the hearing and during the appeal process.
We looked at the available Cases/Appeals specifically as cited in the Appeal, US Sailing appeals US46, US67 and US82. The result of that appeals process produced US 124. When taken together, these 4 US Appeals (including US124) start to paint a picture.
Now, with these in mind I ask the questions;
Then you ask is all that the first reasonable opportunity?
In the UK, RYA Case RYA1999-01 that says the flag must be "close at hand" to fly, but the US doesn't have that.
I'd recommend reading the 4 US Appeals and see if they help you bound the problem in your mind.
First the onus on the flag being "at hand". We don't have that really based on the US Appeals.
Then, another divergence is in the hearing, where it states that exploration the promptness of the flag is not necessary if the protestee makes no objection.
That would imply a process in the hearing like:
PC to Protestor: Did you fly a flag?
Protestor: Yes
PC to Protestee: Do you have any objection regarding the flying of the flag or its timeliness?
Protestee: No
... end of flag inquiry.
That's not common process in the US that I've experienced.
My approach over the last 32 years as an IJ (and before that as a National Judge) has been: Safety of the Crew; Safety of the Boat; Flag! In most cases, check one and two are done in a glance. I used to say (way back when even dinghies had to fly a protest flag), if single handed boats could do it within seconds, surely a multi-person boat could mange the same thing.
The comment above, "How long does it take to find a winch handle?" is a good example.
A flag chan be furled on the backstay or shroud, and secured with tape. This by just leaning over it can be unfurled in seconds.
The teas then is relative to this. So for instance if you have to go belw toa locket to get the fag and this takes 30 seconds, relative to the above it is slower so not at the first reasonable opportunity.
The rest is relative to a prompt response not quick because of the relative location of the flag on a particular boat.
Yes on Validity, if all is in order on the protest form little need be asked unless it is raised by the other boat. Asking if there is any complaint identifies to issue so you cam move on.
On appeal generally if a boat has not challenged the validity of the flag or hail initially at the hearing, then there is no act or omission or is partly that boats fault for not raising it. No redress, and the reasons just follow the rules.
If not it starts to appear in all complaints, Reopenings and appeals.