The Racing Rules of Sailing

NSC Protest by a Boat Requirement to Inform the Protestee

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John Allan
Nationality: Australia
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2021 RRS 61.1(a)(3) stated (emphasis added)

if the incident was an error by the other boat in sailing the course, she 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;

WS RRC Part 5 Rewrite - Destinations Guidance states that the 2025-28 RRS Destination corresponding to 2021 RRS 61.1(a)(3) is RRS 60.2(b)(2)

2025 RRS 60.2(b) states (emphasis added)

... 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.

I understand this to mean that, for a NSC protest, a protesting boat is required to inform the protestee of its intention to protest at any reasonable opportunity that may arise during the race and before the boat finishes, otherwise the protest is invalid.

That is to say the protesting boat is required to inform the protestee of an intention to protest before the boat has actually broken RRS 28.

Does anyone have any other understanding of how this rule now works?
Created: Yesterday 15:37

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John D. Farris
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So that I understand, are you asking whether "first reasonable opportunity" runs from the course error or from the point at which the uncorrected error becomes a breach of RRS 28? 
Created: Yesterday 16:09
John Christman
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Here is how I parse this:

if the incident was an error by the other boat in sailing the course, she need not hail or display a red flag but she shall inform the other boat either:

            (1) before, or;
            (2) at the first reasonable opportunity after

the other boat finishes;

A boat can wait until after the other boat has finished to see whether the other boat has properly sailed the course.   She is not required to do it when she first thinks that the other boat has not sailed the course properly.

 See WS Case 112.
Created: Yesterday 17:24
Joseph Owens
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Reply to: 22530 - John Christman
WS 112 seems to cover it nicely and authoritatively. 
It appears to me that a boat would not necessarily have to "unwind" back to the error, but is it compelled to re-sail the rest of the course once having corrected the fouled mark? Moot if it had properly met the definition of "Finish" and did not *continue to sail the course* to exonerate in any fashion?

I sat in on a hearing that had Arbitration applied to the two boats that had violated a mark by approaching it through a restricted zone.
It remains a question in my mind whether Appendix T allows for anything other than 44.1 or 31 that is not uniquely defined in Part 2, or even if the scope of Arbitration can be changed in the race documents, NoR or SI. Rule 28 being a clause in Part 3 "Conduct of a Race".


Created: Yesterday 18:59
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John Allan
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Reply to: 22530 - John Christman
Joseph said It appears to me that a boat would not necessarily have to "unwind" back to the error, but is it compelled to re-sail the rest of the course once having corrected the fouled mark?

If her 'string' referred to in RRS Definition, Sail the Course does not comply with the requirements of Sail the Course (1), (2), and (3), to correct the error the boat must unwind the string so that it complies.

 Moot if it had properly met the definition of "Finish" and did not *continue to sail the course* to exonerate in any fashion?

 Case 148 addresses 'continue to sail the course'

I sat in on a hearing that had Arbitration applied to the two boats that had violated a mark by approaching it through a restricted zone.
It remains a question in my mind whether Appendix T allows for anything other than 44.1 or 31 that is not uniquely defined in Part 2,

According to RRS T1 and T2, Post Race Penalties and Arbitration can only be applied to rules of Part 2 (that is, RRS 10 to 23) and RRS 31.

RRS Appendix T is not mentioned in RRS 86, which is the rule that limits changes to the RRS, so Appendix T can be changed by the NOR/SI if it is desired.

OA and race committees should be very careful about doing this, although the RYA used to use Arbitration for all sorts of things including redress.

 or even if the scope of Arbitration can be changed in the race documents, NoR or SI. Rule 28 being a clause in Part 3 "Conduct of a Race".

Arbitration and a 30% Post Race Penalty would be pretty risky for RRS 28 for the following reasons:
  • Unless the protestee immediately admits the breach, it will probably be a he said she said situation, without witnessed in the Arbitration Meeting, and the Arbitrator will probably need to decide that arbitration is not appropriate and close the meeting and send it to a full hearing.
  • If the protestee admits the breach, it is very likely that the advantage gained will be more than what will be compensated by a 30% Post Race Penalty, or that the Arbitrator will be unable quantify the advantage, or that RRS 44.1(b) significant advantage may apply, and once again decide that arbitration is not appropriate and close the meeting and send it to a full hearing. 

So, if Arbitration was applied to a RRS 28 protest, it would probably fail and there would have to be a protest hearing in any case.
Created: Yesterday 22:31
Calum Polwart
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Let's think logically. Two boats are racing. The "lead" boat misses a mark and becomes even further ahead of the other. The only reasonable opportunity the other boat will get will be once the leading boat has crossed the finish line as he can't get the the leading boat to tell them of his protest.
Created: Yesterday 17:44
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John Allan
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Reply to: 22531 - Calum Polwart
The only reasonable opportunity the other boat will get will be once the leading boat has crossed the finish line as he can't get the the leading boat to tell them of his protest.
There may be several reasonable opportunities before finishing when boats cross each other on different legs.
Created: Yesterday 21:53
Ian Morton
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If the boat has not sailed the course she cannot ‘finish’. Thus those words have been dropped from the current rules and in my view the protestor only needs to inform the protested boat as soon as they can make contact. If this is possible during the race the protested boat might try to correct the error, but if it is after the race it could be while sailing back to the beach or marina, or ashore in the clubhouse or marina.
Created: Yesterday 19:51
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John Allan
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Reply to: 22533 - Ian Morton
If the boat has not sailed the course she cannot ‘finish’. Thus those words have been dropped from the current rules
I don't think that's an accurate way to parse the rules.

The better expression is that 'If a boat does not finish she has not sailed the course'.

The words 'start' and 'finish' have not been dropped from the rules.  They no longer appear in RRS 28 because they have now been included in the Definition of Sail the Course.

In my opinion that was not a helpful change, because you now have a Definition of Sail the Course that includes two other Definitions Start, and Finish.  I think that's gratuitously complicating things, and I preferred the old version of RRS 28, but so be it.
Created: Yesterday 22:01
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John Allan
Nationality: Australia
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John C and Joseph, thank you for the reference to Case 112

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.

That certainly is an authoritative interpretation.

I think Case 112 Answer 3 is inaccurately or incompletely quoting RRS 60.2(b), but so be it.
Created: Yesterday 21:47
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