Case 22

rules
rule 61.2(d), Protest Requirements:Protest Contents
63.5, Hearings:Validity of the Protest or Request for Redress
Rule 64.2, Decisions:Penalties

Summary:
It is not relevant to the validity of a protest that a rule the protestor believes was broken is not one of the rules that the protest committee later determines to have been broken.

Facts:
After a collision near a mark, S protested P, citing rule 18 on her protest form as required by rule 61.2(d). The protest committee declared the protest invalid and refused to proceed with the hearing, because it said the protest should have cited rule 10 rather than rule 18. Had the hearing gone ahead and the parties been questioned, the protest committee said, the protest might have been upheld. S appealed.

Facts:

After a collision near a mark, S protested P, citing rule 18 on her protest form as required by rule 61.2(d). The protest committee declared the protest invalid and refused to proceed with the hearing, because it said the protest should have cited rule 10 rather than rule 18. Had the hearing gone ahead and the parties been questioned, the protest committee said, the protest might have been upheld. S appealed.

Decision:
Rule 61.2(d) requires the protest to identify any rule the protestor believes was broken. If this requirement is not met in the written protest delivered to the race office, it may be met before or during the hearing. There is no requirement that the rule or rules identified must be the rule or rules that are later determined to have been broken, and it is irrelevant for deciding on the validity of the protest that the protestor cited a rule that will very likely not be the applicable rule. It is the protest committee, after finding the facts, that determines the applicable rule. Rule 64.2 states that a disqualification or other penalty shall be imposed whether or not the applicable rule was mentioned in the protest. The appeal is upheld to the extent that the protest committee is instructed to hold a new hearing.

Decision:

Rule 61.2(d) requires the protest to identify any rule the protestor believes was broken. If this requirement is not met in the written protest delivered to the race office, it may be met before or during the hearing. There is no requirement that the rule or rules identified must be the rule or rules that are later determined to have been broken, and it is irrelevant for deciding on the validity of the protest that the protestor cited a rule that will very likely not be the applicable rule.

It is the protest committee, after finding the facts, that determines the applicable rule. Rule 64.2 states that a disqualification or other penalty shall be imposed whether or not the applicable rule was mentioned in the protest.

The appeal is upheld to the extent that the protest committee is instructed to hold a new hearing.