This topic was raised at the end of Simplified 18, 19, 20 thread.
What are the results/consequences of an OA breaking RRS 89.1 ?? ... for:
- The OA itself?
- Boats entered?
- Race Officials (both certified/hope to be)?
I had thought that the only consequence to a boat would be that they do not have access to Appeals (see Case
143), but read the comments at the end of Case
143 .. being involved in such an event .. even "unwittingly" can have serious consequences.
Also, based on RRS 75, it seems to me that all boats need to trace their membership-trail back to WS, either directly or through their yacht club .. even if they are a member of an "invited class" or they are not an entry, Think about all the "cruising classes" that have been added to events .. or maybe parttime PHRF racers out there.
How many of us are checking to see if our YC's have paid their dues to their MNA or local MNA-affiliated Association?
.
1. Are you a member of US Sailing (or appropriate MNA)? -is there a way for us to look this up? Or do we need to ask the club and/or US Sailing for verification?
2. What insurance do you carry?
Are there other questions we should be asking?
There's nothing illegal about that, I think, but of course it leaves you completely unsupported for protests, appeals, etc.
https://www1.ussailing.org/membership/memberlookupflname.aspx
- I sat on the Sail Canada Appeals Committee that heard the appeal upon which the case was based. Our focus was on the appeal over part 2 infringements and WS added the 'other bits'
- many years before that I sat on a measurement protest that ended up with the OA being sued, with the RC and Jury all being named respondents in the action. The suit didn't last long before the judge, but it was comforting knowing that the OA had our backs.
In Canada, many of us look the the OA, with Sail Canada backup, for liability coverage in the course of officiating duties. Is that assumption reliable at an unsanctioned event? If a club won't pay National Authority dues, what about their other responsibilities? Do WS regulations suggest any sanctions for supporting unsanctioned events?
Of general concern, an OA may be insured, but how good is the policy? During my tenure as Commodore of a class association we discovered that our liability coverage, while a 'good deal', would have been as good as useless in the event of a serious claim. It took three times the premium to get more appropriate coverage for our directors, officers and volunteers.
My bigger dilemna with this issue is that we're not a growing sport, so being protectionist about outsider events is not in our broad interest, yet if everyone is outside the WS system will fall apart. I guess in this vein that I would be lenient with small events and more demanding about WS affiliation at larger more important ones.
"Once upon a time when I was a judge, in a regatta far, far away .. " ;-)
A Fairly Story starts 'Once upon a time ...'
A Sea Story starts 'I kid you not, I was there ... '
Rule 6.1 requires competitors to comply with the World Sailing Eligibility Code. When competitors compete in an event organized by an unaffiliated club, they, perhaps unwittingly, may be competing in an event designated by World Sailing as a ‘Prohibited Event’. Competing in such an event could have serious consequences for a competitor’s eligibility to compete in other events
Consequences for race officials and officials of clubs are a little less clear cut.
RRS 5 requires rqace officials to be governed by the rules in the conduct and judging of the event.
Definition rule includes
World Sailing Regulations that have been designated by World Sailing as having the status of a rule and are published on the World Sailing website;
These are listed in 2025 RRS 6.1 and include a newly published WS document Code of Ethics.
The WS Code of Ethics was published in November 2024. It includes the procedural matter for Disciplinary matters formerly contained in the Appendix 6 to the WS Regulations, but now, in addition, in 3.4 contains, what is in effect a very broad reaching Code of Ethics which is applicable to all race officials, not just WS Race Officials as follows:
3.4 The Ethical Standards require Participants:
(a) Honesty
To act with utmost integrity and honesty at all times including acting in good faith towards others and with mutual trust and understanding in all their dealings and in particular not to forge any document, falsify any authentic document or use a forged or falsified document.
(b) Fulfil Duties
To actively fulfil their duties and responsibilities to World Sailing with all due care and skill and in good faith and in particular not to act outside of their authority.
(c) Clean Sailing
To protect clean competitors and not engage in doping, and in particular to comply with the Anti-Doping Rules.
(d) Maintain Integrity of Competition
To ensure the integrity of, and not to improperly benefit from, sailing competitions.
(e) Disclose Interests
To ensure conflicts of interest are minimised and interests properly disclosed as required by the World Sailing Regulations and policies.
(f) Minimal Gifts and Benefits
To ensure that any gifts, hospitality or other benefits which are offered, promised, given or received are minimal and strictly in accordance with the World Sailing Regulations and policies, and in particular:
(i) not to engage in any form of conduct in which there is an abuse of entrusted power for private gain;
(ii) not to offer any bribe, payment, commission, gift, donation, kickback, facilitation payment, or other inducement or incentive (whether monetary or otherwise) in order to influence decision- making in relation to any matter involving World Sailing; and
(iii) not accept any bribe, payment, commission, gift, donation, kickback, facilitation payment, or other inducement or incentive (whether monetary or otherwise) that is offered, promised or sent to influence their actions or decisions in relation to any matter involving World Sailing (including, without limitation, in relation to events and commercial activities);
(g) Protect Assets
To protect the assets of World Sailing and only use or authorise others to use them within the authority granted, and in particular not to misappropriate any such assets regardless of whether this is carried out directly or indirectly through, or in conjunction with, intermediaries or related parties.
(h) Proper Conduct
To conduct themselves in a professional and courteous manner and in particular to refrain from using language or conduct that is obscene, offensive or of an insulting nature towards another person.
(i) Equality
Not to unlawfully discriminate on the basis of race, sex, ethnic origin, colour, culture, religion, political opinion, marital status, sexual orientation or other differences and in particular to encourage and actively support equality of gender in the sport of Sailing.
(j) Dignity
To safeguard the dignity of individuals and not to engage, (directly or indirectly) in any form of harassment or abuse, whether physical, verbal, mental, sexual or otherwise.
(k) Maintain Confidentiality
To keep confidential all information which is entrusted to them in confidence unless permitted to disclose such information by a person with authority to do so, or required to disclose such information by law. In addition, information obtained in connection with a Participant’s role or activities in the sport of Sailing that is not confidential may not be disclosed for personal gain or benefit, nor be used maliciously to damage the reputation of any person or organisation.
(l) Fair Elections
To conduct any candidacy for any role or position within World Sailing with honesty, fairness, and respect for others and as otherwise specified in the rules made by the Election Panel.
(m) Fair Bidding
To conduct any candidacy for any bid or proposal to host any Competitions with honesty, fairness, and respect for others and as otherwise specified in any rules made for the purposes of the bidding process.
(n) Neutrality
(i) To remain politically neutral in their dealings on behalf of World Sailing with government institutions, national and international organisations.
(ii) Not to do an act, or deliberately or recklessly omit to do anything, which compromises, or is likely to compromise, the impartiality of those who work for World Sailing.
(o) Reporting
To promptly report to World Sailing any act, thing or information which the person becomes aware of, which may constitute (on its own or with other information) a violation of this Code;
(p) Protect Reputation
To protect the reputation of World Sailing and not act, or fail to act, in any manner which may:
(i) adversely affect the reputation of World Sailing or the sport of Sailing generally; or,
(ii) bring World Sailing or the sport of Sailing generally into disrepute; or,
(iii) be contrary to the objects of World Sailing; or,
(iv) be prejudicial to, or adversely affect the interests of, World Sailing or the sport of Sailing.
If a MNA or WS wanted to press the point about an official acting in a non WS event I suppose they could find something in there to hang the offical with.
Amalgamated International & U.S. Inland Navigation Rules | Navigation Center (uscg.gov)
... and disputes involving the International Regulations for Preventing Collisions at Sea (IRPCAS) and the U.S. Inland Navigation Rules (33 CFR 83) typically fall under the jurisdiction of U.S. federal admiralty courts, as outlined in 28 U.S.C. § 1333, which grants federal courts authority over maritime cases.
Probably a good time to leave and let the unaffiliated club figure it out....
'We', as accredited judges, should not be reaching for any rules book: 'We' should not be there and we should not be serving on a protest committee. If we do, we may be subject to fines, suspension or exclusion from WS activities.
In my opinion, if the unaffiliated entity invokes the RRS in their 'NOR' then those rules and not the IRPCAS apply (See The Satanita and Juno v Endeavour).
In the USA, Turella j's decision that a protest committee decision constituted a binding arbitration of a claim for damages under the US Commercial Arbitration Act might need to be revisited.
But AFAIK there's nothing to stop a club buying perfectly legal copies of the rules and, say, crossing out rule 18. What they can't do is make their own copies that exclude rule 18. But if a rule set has been altered so that its no longer RRS, well, its no longer RRS. What happens legally if a boat racing under 'not RRS' meets a boat racing under RRS? Seems to me there is no Santanita style contract between them as there is if they are both using RRS. I suppose, and its just an idle guess, under RRS then IRCPAS applies between them. For certain its a confusing mess.
FWIW, with reference to changes prohibited by RRS 86, WS, in the published version of the RRS, does not assert moral rights, which is the right that protects an author against changes to their work. I don't think there is any particular problem with RRS 86: just the usual consequence that a change contrary to RRS 86 is invalid and the relevant RRS rule stands unchanged.
I agree that a MNA probably wouldn't take severe action against a race official who inadvertently took part in a low level event, but who knows when some jack-in-office will get a rush of blood to the brain.
What MNA and WS will take action against is any publicised defiance of their rules.
That seems to be, (to me) at the very least, 'inconsistent' with how we apply and think about behavior/conduct rules RRS 2 and RRS 69.
There is also some unclarity about applicability of the WS Code of Ethics.
Up to the issue of the WS Code of Ethics in November 2024, WS Codes of Conduct applied only to WS accredited race officials, MNA Codes applied to MNA accredited officials and no codes except the by-laws of any club to which they belonged applied to volunteer race officials who were not accredited.
WS Code of Ethics 3.1 states:
3.1 Article 3 applies to all Participants save for [competitors, boat owners or support persons, all of who are subject to RRS 69].
'Participant' is defined in WS Code of Ethics 1.1 as:
In this Code, a “Participant” means someone who was at the time of the alleged Misconduct, breach or decision:
...
(d) any person, official or body subject to the World Sailing Constitution or World Sailing Regulations.
RRS 5 states:
... race officials shall be governed by the rules in the conduct and judging of the event.
WS Code of Ethics 1.3 goes on to say (emphasis added(
For the purposes of this Code, the term "official" also includes means any person who is the owner of, a shareholder in, an executive or a staff member of the entities which organise and/or promote Competitions, including but not limited to World Sailing Race Officials and any other contracted persons accredited to officiate or administrate at a Competition. The term also covers the executives and staff of World Sailing or, where appropriate, executives and staff of other competent sports organisations or clubs that are part of an organizing authority of a Competition.
In the context of references to 'staff members' and 'staff' in that paragraph it is arguable that 'contracted persons' means persons subject to a contract of service or contract for services including remuneration, and does not include unpaid volunteers.
Because of the complexity and multi-lingual background of the WS Code of Ethics it is fraught with syntactical problems in construing it, in particular the application of the expressio unius est exclusio alterius, ejusdem generis and generalia specialibus non derogant rules. A good lawyer would need to go through the Code with a microscope to straighten some of these issues, and particularly the one mentioned above.
Two nations separated by a common language.