Forum: The Racing Rules of Sailing

RRS 2025 Changes to Part 5 Protests etc – Intention to Protest Not Sail the Course and Case 112

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John Allan
Nationality: Australia
RRS 2021 

61.1 Informing the Protestee said 

61.1(a)(3) 

if the incident was an error by the other boat in sailing the course, [the protesting boat] need not hail or display a red flag but she shall inform the other boat either before or at the first reasonable opportunity after the other boat finishes; 

This was inserted in 2013 to clarify the position after the issue of Case 112. 

RRS 2025 now says 

60.2 Intention to Protest 

… 

(b) … if 

(2) the incident was an error in sailing the course 



then the only requirement for the protestor is to inform the protestee of its intention to protest at the first reasonable opportunity. 

This omits the qualification ‘after the [protestee] finishes’. 

Case 112, however remains to clarify the issue, and restores the qualification: 

Question 3 

When must B inform A of her intention to protest? 

Answer 3 

Rule 60.2(b)(2) states that B need not hail ‘Protest’ or display a red flag at the first reasonable opportunity for each. However, she must inform A of her intention to protest before A finishes or at the first reasonable opportunity after A finishes. 
Created: Yesterday 14:30

Comments

Format:
John Christman
Nationality: United States
I always thought the old rule was kind of strange.  You had to inform them either before or after finishing.  I guess you couldn't inform them at the instant they were finishing and have that count.  As the first reasonable opportunity is not linked to finishing then you don't need to include any of that in the rule.  There is no functional change to the rule, it's just simpler now.  The only question becomes when was the first reasonable opportunity.
Created: Yesterday 16:15
Rob Overton
I'm not sure Answer 3 of Case 112, quoted above, is clear on the issue of when a boat has to inform another boat that she will protest under rule 28.1 Sail the Course, because it still leaves open the question of when is the 'earliest opportunity'..  The statement from Case 112 that I think clears up the issue is the italics at the top: 'A boat that makes, and does not correct, an error in sailing the course does not break rule 28.1 until she finishes. If a boat makes such an error, a second boat may notify the first that she intends to protest before the first boat finishes, or at the first reasonable opportunity after the first boat finishes.'  According to my reading, that means that the protestor may notify the other boat at any time before she finishes of her intent to protest, or may wait until the earliest opportunity after that boat finishes, to notify her, and in either case the protest committee must consider the notification to satisfy rule 60.2.
Created: Yesterday 19:19
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John Allan
Nationality: Australia
John C,  The background to Case 112 was that some time around 2008 there was a Q&A, initiated from, I think, the USA, where the answer was that the requirement was to inform the protestee at the first reasonable opportunity after making the rule 28 error, that is, missing the mark etc.

It was then discovered that the RYA had a long standing Appeal in their Appeal Book that more correctly identified the time of breaking the rule as when the boat finished, so that time for informing the protestee needed to run from not before than that time.

Case 112 was then issued to unwind the Q&A and clarify that the RYA interpretation was correct.

The wording inserted into the RRS in 2013 appeared to make Case 112 redundant, until the 2025 RRS deleted the qualification ‘after the [protestee] finishes’. 

Suddenly Case 112 became important again, because, as Rob O has said, it explains the rationale and makes the 'after finishing' qualification clear.
Created: Yesterday 22:28
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