Forum: The Racing Rules of Sailing
Case 142, rules 62.1 b) and 60.3 a) Redress and new rule
Aldo Balelli
Nationality: Italy
Certifications:
- National Race Officer
- National Judge
1
Good day to everybody, and thanks for your cooperation and patience.
So far, for me, if a boat A ask redress as per 62.1 b) with B, in the same redress hearing A get redress and B get penalized.
Hearing requested as redress only, not as ""protest and redress"" . Wrong action by PC( 60.3 a)?
Well, today i read case 142, and i understand that, to give redress to A, B have to have been penalized : either by B declaring in the redress hearing that she did take a penalty, or by getting a penalty in a separate protest. So if boat A ask redress and boat B has not been penalized already, PC cannot give redress, PC cannot protest & penalized B under that hearing, Right?
So to proceed properly:
- PC learn from the redress that an incident with injury or physical damages occurred between A and B,
- PC protest B (60.3 a. 1) , B get penalized in the protest hearing
- PC can proceed with the request of redress (redress given at same hearing)
Right?
Now: New rule 64. 1 c)
(c) The protest committee shall proceed with each case, as a protest, request for redress or other type of request, based on the information in the written request or allegation and testimony during the hearing. This permits the type of case to be changed if appropriate.
Could that change anything of the a.m. procedures ?
Comments
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Yacht B cannot be penalized under the current rules. The first sentence of RRS 63.1 says, "A boat or competitor shall not be penalized without a protest hearing, except as provided in rules..."
The Protest Committee cannot protest a boat "as a result of information arising from a request for redress or an invalid protest..." RRS 60.3 (a).
Case case_link('142') does not talk about penalizing the other boat and you will note that the circumstances they list only concern testimony or other admission that the boat took some sort of penalty.
Regards,
Clark Chapin
62.1 (b) {new version} injury or physical damage because of the action of a boat that was breaking a rule of Part 2 and took an appropriate penalty or was penalized, or of a vessel not racing that was required to keep clear or is determined to be at fault under the IRPCAS or a government right-of-way rule;
Fields, you confirm me that today boar B can come to the redress hearing as testimony, admitting she broke a rule and not taking the penalty, and A get the redress and B get away with it, right? Unless getting a protest from PC.
So, next book, no penalty, no redress, then:
A must protest B and ask for redress. Can be the same hearing, I suppose.
or
A request redress only; hearing starts, B admit not having penalized (not admitting to be at fault, either), Damage or injury are there, so PC close the redress, protest B, open the protest hearing after a proper time, penalize B and then redress to A can be given.
or
A request redress only; hearing starts, B admit not having penalized (not admitting to be at fault, either), PC close the redress, and good night. A cannot protest B any more, time limit expired. Next time, wake up.
Still, the new rule 64. 1 c) may have something to do with the above. Can't say how, but i got a feeling....
(c) The protest committee shall proceed with each case, as a protest, request for redress or other type of request, based on the information in the written request or allegation and testimony during the hearing. This permits the type of case to be changed if appropriate.
Thanks you all for your help