Forum: The Racing Rules of Sailing

Consequences of an OA Breaking RRS 89.1 and Interaction of RRS 75

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Angelo Guarino
Forum Moderator
Nationality: United States
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:

  1. The OA itself?
  2. Boats entered?
  3. 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?
Created: Today 12:14

Comments

Format:
Doc Sullivan
Nationality: United States
There was an interest in holding a race management in a NY upstate area, but when someone tried to schedule it was found that none of the 3 clubs involved had paid US Sailing dues.  I suspect there are a lot more 
.
Created: Today 12:53
Warren Collier
Nationality: United States
So, now we need a checklist of questions that clubs must answer before accepting an invitation to be a judge for one of their events.
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?
Created: Today 13:01
Michael Moradzadeh
This has always struck me as an interesting area. I know of at least two examples were "rogue" groups have run sailboat races without formal sanction. They can, and sort of did, say "we are running under OUR rules, which are the same as the RRS except that....."

There's nothing illegal about that, I think, but of course it leaves you completely unsupported for protests, appeals, etc.
Created: Today 13:20
Steve Harris
Nationality: United States
You can lookup members, including organizational members, on the US Sailing website.
https://www1.ussailing.org/membership/memberlookupflname.aspx
Created: Today 13:36
Warren Nethercote
50
Tips
Once upon a time when I was a judge:

- 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.
Created: Today 14:08
Tom Shenstone
It seems to me that as Warren says, a major benefit to race officials of being in the WS tent is that the OA presumably has insurance.  At the same time an unsanctioned event might have insurance, but it always bears investigation.

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. 
Created: Today 15:51
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Angelo Guarino
Forum Moderator
Nationality: United States
Warren is that how all the bedtime stories start for the Nethercote little-ones?

"Once upon a time when I was a judge, in a regatta far, far away .. " ;-)
Created: Today 19:54
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John Allan
Nationality: Australia
Consequences for Competitors are better explained by the 2021 version of Case 143, penultimate paragraph

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.
Created: Today 15:31
Mark Townsend
Nationality: United Kingdom
Rule 89.1 defines which organizations are authorized to serve as the organizing authority for races governed by The Racing Rules of Sailing.

So if a club running an event doesn’t meet that definition—can the Racing Rules of Sailing still apply?

And if not, what governs the hearing of a protest? Do I reach for a copy of the Racing Rules of Sailing, or do I default to the government regulations referenced in the preamble to Part 2—in the US, the International Regulations for Preventing Collisions at Sea (IRPCAS) and the U.S. Inland Navigation Rules (33 CFR 83)?
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....

Created: Today 15:39
John Christman
Nationality: United States
50
Tips
I was involved in a "protest" where the OA did not properly include the RRS in the NoR.  The protest committee, made up of certified judges, determined that they could not hold a hearing under the RRS because they did not meet the requirements of the rules.  Instead we held a "meeting" with the parties to explain the situation to them.  We told them that we could not have a hearing under the RRS and that we were not sure what rules actually governed the event.
Created: Today 15:48
Rob Overton
In response to something Michael Moradzadeh said, I think there may actually be something illegal about running races that use most of the Racing Rules of Sailing but change rules that rule 86 prohibits changing. The RRS are copyrighted and I think a sailing judge would be skating on very thin ice if they were to apply those rules without permission from World Sailing or, if appropriate, their national authority. I don't believe World Sailing enforces that copyright vary actively against low-level events,, but they definitely charge big events, such as the America's Cup, for their use of special racing rules that are largely copied from the RRS.
Created: Today 16:03
Jim Champ
Nationality: United Kingdom
There's some exaggerated views about copyright hereabouts. It is literally about the right to make copies, (and there's also public performance rights, but they are scarcely relevant). If an organisation wants to restrict what is done with the copies then that typically has to be done by a contract. For instance if I want copies of historical drawings from the UK National archives I have to agree to various conditions.
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.
Created: Today 20:20
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Angelo Guarino
Forum Moderator
Nationality: United States
What hit me in the face was "unwittingly" being a possible compatible component in finding someone in violation of an ethical code ... specifically with something as esoteric as sailing in a regatta hosted by a club not connected to WS. 

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

Def: Unwittingly -> without being aware, unintentionally. 
Created: Today 18:25
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