Monday, May 16, 2011

Kevin's research of the rules/protest Sunday

During the protest hearing yesterday, I was a little unclear on what the Race Committee (RC) should do when it sees a boat touch one of the finishing marks (either the boat or the mark). To me the rules are a little vague on this. After doing some research, the short answer is that if a boat crosses the finishing line but touches a mark in the process, the RC still has to record the boat as finishing. The RC should also make a note that it saw the boat touch a mark. The RC cannot score the boat Did Not Finish (DNF). If the RC is signaling each boat as it finishes (shouting "mark" or blowing a whistle, etc.) it should signal this boat too. It appears that rule A5 does not apply in this case. The boat has finished according to the rules, but has also broken rule 31 for touching the mark. After the race, within the time limit for filing a protest, the RC should file a protest against the boat indicating that the boat broke rule 31.

If a boat does not cross the line properly (e.g., passes outside of the finishing marks, etc.) in my opinion the RC can score the boat DNF. I believe rule A5 does apply in this case. The boat has not finished according to the rules. The RC should still record a finishing time in case the boat asks for and is granted redress.

Of course if a boat does a penalty turn for hitting the mark and re-crosses the line correctly, then the boat has finished correctly and has complied with rule 31 and there would be no need for the RC to file a protest. In the case yesterday, it appears that the boat did do it's penalty turn and re-cross correctly so no RC protest was required (sorry about that David).

If a boat is forced to hit a finishing mark by another boat and protests the other boat (correctly with a hail and a flag) and wins the protest, then the RC's protest would probably then be dismissed. In this case I would suggest hearing the boat-to-boat protest first.

In my opinion, the RC should not inform the boat that it hit the mark. It is the boat's responsibility to know if it finished correctly. I'll send a separate message on RC communications with competitors later.

From the Race Management Handbook

(The Handbook is available in PDF format for free to all US SAILING members. Any PRO who is a US SAILING member should download a copy. Note that the Handbook has not been completely updated for the newest rules. It mentions RRS 31.1 and 31.2. RRS 31 now has only one part and is just RRS 31. )

Finishing properly
There are a number of rules that apply to finishing properly, and the race committee should pay careful attention to the manner in which boats are attempting to finish. The basic rule is the definition of “finish”. “A boat finishes when any part of her hull, or crew or equipment in normal position, crosses the finishing line in the direction of the course from the last mark, either for the first time or after taking a penalty under rule 31.2 or 44.2 or, under rule 28.1, after correcting an error made at the finishing line.”
1. Crossing the finishing line
It is not necessary for a boat to cross the finishing line completely. After finishing, she may clear it in either direction (rule 28.1).
2. Touching a finishing mark
A boat that touches a finishing mark, even after finishing, breaks rule 31.1. However, the race committee cannot penalize a boat for breaking a rule, except the few listed in rule 63.1. If a boat meets the definition “finish,” the race committee must score her as finished, even if she has broken a rule. If a boat has broken a rule, such as 31.1, the race committee may protest her (see rule 60.2(a)). A boat that breaks rule 31.1 by touching a finishing mark can exonerate herself by taking a one-turn penalty (see rule 31.2). It is a good practice to keep a record of each time a boat finishes, and to score her in her position the last time she meets the definition “finish.”
3. Crew and equipment in normal position
On downwind finishes, watch for boats letting out spinnaker halyards, sheets or guys (which may change the sail from its normal position—see definition of “finish” above and in the rule book). If you detect this, finish such boats on the stem or spinnaker pole, rather than on the leading edge of the spinnaker.

Rules that May Apply

A5 SCORES DETERMINED BY THE RACE COMMITTEE
A boat that did not start, comply with rule 30.2 or 30.3, or finish, or that takes a penalty under rule 44.3(a) or retires after finishing, shall be scored accordingly by the race committee without a hearing. Only the protest committee may take other scoring actions that worsen a boat’s score.

DEFINITIONS
Finish--A boat finishes when any part of her hull, or crew or equipment in normal position, crosses the finishing line in the direction of the course from the last mark, either for the first time or after taking a penalty under rule 44.2 or, after correcting an error made at the finishing line, under rule 28.1.

31 TOUCHING A MARK
While racing, a boat shall not touch a starting mark before starting, a mark that begins, bounds or ends the leg of the course on which she is sailing, or a finishing mark after finishing.

28 SAILING THE COURSE
28.1 A boat shall start, leave each mark on the required side in the correct order, and finish, so that a string representing her track after starting and until finishing would when drawn taut
(a) pass each mark on the required side,
(b) touch each rounding mark, and
(c) pass between the marks of a gate from the direction of the previous mark.

She may correct any errors to comply with this rule. After finishing she need not cross the finishing line completely.

44.2 One-Turn and Two-Turns Penalties
After getting well clear of other boats as soon after the incident as possible, a boat takes a One-Turn or Two-Turns Penalty by promptly making the required number of turns in the same direction, each turn including one tack and one gybe. When a boat takes the penalty at or near the finishing line, she shall sail completely to the course side of the line before finishing.

61 PROTEST REQUIREMENTS
61.1 Informing the Protestee
(b) A race committee or protest committee intending to protest a boat shall inform her as soon as reasonably possible. However, if the protest arises from an incident the committee observes in the racing area, it shall inform the boat after the race within the time limit of rule 61.3.

61.3 Protest Time Limit
A protest by a boat, or by the race committee or protest committee about an incident the committee observes in the racing area, shall be delivered to the race office within the time limit stated in the sailing instructions. If none is stated, the time limit is two hours after the last boat in the race finishes. Other race committee or protest committee protests shall be delivered to the race office no later than two hours after the committee receives the relevant information. The protest committee shall extend the time if there is good reason to do so.

Cases or Appeals that May Apply

CASE 80
Rule 60, Right to Protest; Right to Request Redress or Rule 69 Action
Rule 61.2(b), Protest Requirements: Protest Contents
Rule 62.1(a), Redress
Rule A5, Scores Determined by the Race Committee

A hearing of a protest or a request for redress must be limited to the alleged incident, action or omission. Although a boat may be scored DNF if she does not finish according to that term’s definition, she may not be scored DNF for failing to sail the course correctly.

Summary of the Facts
When boat A crossed the finishing line in the direction of the course from the last mark, the race committee scored her DNF because it believed from its observations that she had not left one of the rounding marks on the required side and, therefore, had failed to sail the course correctly. A requested redress on the grounds that, even though she had finished properly, she was not given a finishing place. The protest committee did not give A redress, deciding that rule 62.1(a) did not apply because A failed to sail the course correctly, and that her failure to do so was not due to an act or omission of the race committee but was entirely her own fault. A appealed.

Decision
A’s appeal is upheld. The race committee acted improperly in scoring A DNF when she did finish according to the definition Finish. The race committee could have scored boat A as DNF only for failing to finish correctly (see rule A5). Since A crossed the finishing line from the direction of the last mark, she should have been recorded as having finished.

A fundamental principle of protest committee procedure is that a hearing must be limited to the particular ‘incident’ alleged in a protest (see rule 61.2(b)) or to the particular incident alleged to be ‘an improper action or omission’ in a request for redress under rule 62.1(a). Although the incident that was the subject of A’s request for redress was that she had been incorrectly scored DNF, the protest committee turned to a different incident when it considered whether or not she had failed to sail the course correctly and therefore broken rule 28.1. Since that incident was not the incident alleged in the redress for request, the committee acted improperly.

If a race committee believes from its observations that a boat has not sailed the course correctly, it may protest the boat for that breach as permitted by rule 60.2(a). In this case, the race committee did not protest A. Because A had not been protested for failing to sail the course correctly, she could not be penalized for that failure.

In summary, the facts show that A finished according to the definition Finish. She should not have been scored DNF and was therefore entitled to redress under rule 62.1(a) for an improper action of the race committee. The decision of the protest committee is reversed and A is to be scored as having finished at the time she crossed the finishing line.

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