Case 85

Rules
Definitions, Rule
Rule 61.1, Protest Requirements:Informing the Protestee
Rule 86.1(c), Changes to the Racing Rules

Summary:
If a racing rule is not one of the rules listed in rule 86.1(c), class rules are not permitted to change it. If a class rule attempts to change such a rule, that class rule is not valid and does not apply.

Facts:
Boats in the XYZ Class have hulls 8 m long. Rule 5 in the XYZ Class Rules states: The requirement in racing rule 61.1 to display a red flag shall not apply to the XYZ Class unless specifically required in writing in the sailing instructions of a race or series of races. In a race for XYZ Class boats, boat A protested boats B and C and noted on her protest form that she did not display a red flag because it was not required by her class rules. The protest committee, relying on class rule 5, decided the protest was valid and B objected to that decision on the grounds that class rule 5 was not valid. Despite B’s objection, the protest committee proceeded with the hearing and disqualified B and C. B appealed.

Facts:

Boats in the XYZ Class have hulls 8 m long. Rule 5 in the XYZ Class Rules states:

The requirement in racing rule 61.1 to display a red flag shall not apply to the XYZ Class unless specifically required in writing in the sailing instructions of a race or series of races. In a race for XYZ Class boats, boat A protested boats B and C and noted on her protest form that she did not display a red flag because it was not required by her class rules. The protest committee, relying on class rule 5, decided the protest was valid and B objected to that decision on the grounds that class rule 5 was not valid. Despite B’s objection, the protest committee proceeded with the hearing and disqualified B and C. B appealed.

Decision:
B’s appeal is upheld. Paragraph (d) of the definition Rule makes it clear that class rules apply to a race. Class rules may change racing rules, but only the rules listed in rule 86.1(c) and, with the approval of World Sailing, a rule in Appendix G (see rule G5). Rule 61 is not one of those rules, and therefore class rule 5, which attempts to change rule 61.1, is not valid and cannot apply. The sailing instructions might have changed rule 61.1 as permitted in rule 86.1(b), but did not do so. Therefore, A’s protest was invalid and should have been refused. Accordingly, the protest committee’s decisions are reversed, and the two boats are reinstated in their finishing places.

Decision:

B’s appeal is upheld. Paragraph (d) of the definition Rule makes it clear that class rules apply to a race. Class rules may change racing rules, but only the rules listed in rule 86.1(c) and, with the approval of World Sailing, a rule in Appendix G (see rule G5). Rule 61 is not one of those rules, and therefore class rule 5, which attempts to change rule 61.1, is not valid and cannot apply. The sailing instructions might have changed rule 61.1 as permitted in rule 86.1(b), but did not do so. Therefore, A’s protest was invalid and should have been refused. Accordingly, the protest committee’s decisions are reversed, and the two boats are reinstated in their finishing places.