Forum: The Racing Rules of Sailing

RRS 70.3(b) - Denial of right to appeal (conditional)

P
Benjamin Harding
Nationality: Hong Kong
I'm intrigued by the range of different approaches MNAs take with this rule. 

At one extreme US Sailing have a 5-page guidance document on how to decide on approval, including stipulations of PC standards and composition. 

At the other extreme, RYA don't even bother with approvals for this. 

Most other MNAs sit somewhere between these two. Ireland have some conditions in their prescriptions. Poland hase some guidance (though I can't find it yet). Many just state 'Approval required' and nothing more 

Does this huge spread signify some massive disharmony/misalignment in the world understanding of the meaning and purposeof this rule? 

When an MNA requires approval, what are they protecting against? What should they consider? Should 'minimum PC standards" even come into question? 

Why do two MNAs have such different ways of dealing with the same issue. 
Created: Today 01:10

Comments

Format:
P
John Allan
Nationality: Australia
I would suggest that it depends on the 'personality' of the MNA, as well as structural risks and past adverse experience.

Some MNA just think they heed to control everything:  some dont.

Some MNA, for example those with 'federalist' jurisdiction like USA and Australia feel the need to at least provide guidance to their constituent associations.  Sometimes, certain constituent associations are identified as particular areas of weakness in numbers and qualifications of judges.

Some MNA have had past experience of denials of appeals miscarrying, for whatever reasons, and wish to prevent reoccurrence.
Created: Today 01:32
P
John D. Farris
Nationality: United States
IMHO, there’s not much disagreement on what 70.3(b) is for: it’s there so a qualifier doesn’t get effectively “paused” by an appeal when a prompt decision is genuinely essential. The variation is about safeguards. I believe US Sailing treats “no appeal” as high-consequence and adds an approval gate; other MNAs are content to leave it to the OA/PC, as long as it’s clearly switched on in the NoR/SIs and applied narrowly.

Created: Today 01:44
P
Benjamin Harding
Nationality: Hong Kong
So the format of a single event is relevant.  It's the purpose of the rule.

If there is a round robin phase followed by a finals phase, appeals are unworkable.  70.3(b) is required to ensure that the game doesn't stop because someone exercises their right to appeal!!

What about a case of a selection event, for say, regional / national representation 4 months later?  In such a case, 70.3(b) cannot be valid, since the condition of "essential to promptly determine the result" is not met. Conversely, a selection event for representation 3 weeks after may need this rule, so that flights / hotel bookings, entry registrations can be done.

That's easy to understand and pretty logical. Perhaps the RYA response.

Why then does there need to be 'safeguards'?  Safeguards against what?  Why should we stipulate minimum PC standards?

I wonder if some OAs try to use this rule to achieve the finality similar to 70.3(a) / 90.3(e) but without the expense of bringing in an international jury?  Perhaps that is what the safeguards are against... misuse of the rule by OAs to achieve closure/finality of results.
Created: Today 02:03
P
John D. Farris
Nationality: United States
Reply to: 20554 - Benjamin Harding
Safeguards against what?
 “Safeguards” usually mean: making sure 70.3(b) is only used when it’s truly justified, and not as a blanket way to shut down appeals.
Created: Today 02:09
[You must be signed in to add a comment]
Cookies help us deliver our services. By using our services, you agree to our use of cookies. Learn more