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 .. " ;-)
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....
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.
That seems (to me) at the very least inconsistent with how we apply and think about behavior/conduct rules RRS 2 and RRS 69.