WHAT’S NEW?
Rule 63.1, Requirement for a Hearing
The list of rules under which a boat is penalized without a hearing now includes the U Flag Rule, and rule 64.3(d) (see below).
Rule 63.3(a), Right to be Present A minor ‘edit’ suggests that a party to a protest or a redress hearing is never a person – a party is an ‘impersonal’ boat or committee. Therefore, it is a ‘representative of each party’ that has the right to be present at a hearing. (However, other rules still describe individuals as parties!)
Rule 63.4, Conflict of Interest This rule (previously ‘Interested Party’) has been rationalised. It is now permissible for someone with a conflict of interest to be a member of a protest committee, provided that all parties consent or if the protest committee decides that the conflict of interest is not significant. (An example of the former might be the often unavoidable need in club racing to recruit into the protest committee a competitor in the same race or series.) The rule tells the protest committee how to decide whether a conflict of interest is significant. Any declaration of a conflict of interest had to be recorded on the written protest decision when a copy is requested. Rule 63.4(d) says that, however, no person with a conflict of interest shall be a protest committee member for ‘World Sailing major events’ or when prescribed by the national authority of the venue.
Rule 63.7, Conflict Between Rules The conflict that needs resolving may be between any two or more of: - a clause of the notice of race - a clause of the sailing instructions - a clause in some other document that govern the event. This includes internal contradictions within any one of these documents. It does not include a conflict between one of the above and the racing rules.
Rule 64.3, Decisions on Protests Concerning Class Rules
New rule 64.3(c) now makes clear that when ‘a boat is penalized under a class rule and the protest committee decides that the boat also broke the same rule in earlier races in the same event, the penalty may be imposed for all such races. No further protest is necessary.’
Rule 64.3(d) (previously 64.3(c)) now makes clear that when a boat that says she is going to appeal against a penalty for breaking a class rule, and then avails herself of the right to compete in subsequent races of the event without making changes to the boat, but fails to appeal or loses the appeal, ‘she shall be disqualified without a further hearing from all subsequent races in which she competed.’
Rule 64.4, Decisions Concerning Support Persons This new rule allows a protest committee that has called a hearing against a support person under rule 60.3(d) to: • Warn, exclude or take away privileges or benefits from a support person who has broken a rule, • change a related boat’s score in a single race (up to and including DSQ) when - the support person’s breach gave the competitor a competitive advantage, or - the support person commits a further breach after a warning Note that this is a separate process from an action under rule 69, where the grounds and the process (but not the consequences) are different. The protest committee will need to make a conscious choice as to which route to follow when considering acting against a support person.
Rule 66, Reopening a Hearing
The rule now includes what was originally a suggested sailing instruction, for time limits for requesting a reopening on the last scheduled day of racing.
10 RYA The Racing Rules Explained
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