PART 5 Rule 60 60.1 RIGHT TO PROTEST; RIGHT TO REQUEST REDRESS OR RULE 69 ACTION A boat may
(a) protest another boat, but not for an alleged breach of a rule of Part 2 or rule 31 unless she was involved in or saw the incident; or
(b) request redress.
The corollary of rule 60.1(a) is that a boat can protest in respect of an incident in which she was not involved and did not see if it falls outside of Part 2 or rule 31, Touching a Mark. Here are some possible examples, where a boat gets to hear after a race about another boat that: • did not compete in compliance with recognized principles of sportsmanship and fair play, under rule 2 in Part 11 • received outside help contrary to rule 41 • did not comply with her class rules.
The word ‘or’ at the end of rule 60.1(a) might better be read as an ‘and’ – a boat can both protest and request redress over the same incident2
, usually on the same protest form, ticking both the ‘protest’ and ‘request for redress’ boxes when both types of action are relevant.
Although there is no explicit equivalent of the race committee’s right under rule 60.2(c) to report to the protest committee requesting action under rule 69.2(b), there is nothing to stop a boat making a report to the protest committee concerning facts that might lead the protest committee to call a hearing under that rule or rule 60.3(d), which it is entitled to do on the basis of ‘a report received from any source’. Boats will sometime try to protest under rule 69, which they cannot do, but the protest form containing the alleged facts will be treated as a ‘report’ for this purpose. Nor is a competitor precluded, when having seen a good deed by another boat that slowed that boat’s progress, from telling the race committee or protest committee, with a view to favourable redress for that boat being instituted by the protest committee.
A boat that breaks a rule while racing and is protested but continues to race may protest over a different incident, even though she is disqualified as a protestee before her own protest is heard3 racing, pending a hearing of any protest by her or against her4
. She maintains all her rights while . As has been seen under rule 44, a boat that has
taken a penalty (including retirement) can protest over the same incident. Her penalty is not to be taken to be an admission of fault. Indeed, it is possible that she openly admits a fault, but protests because the other boat also broke a rule and was not compelled to do so by that fault.
Sailing instructions often restrict the right to protest or to request redress. This is valid only when, as required by rule 86.1(b), rule 60.1 is referred to in the relevant sailing instruction.
1 Since this is an allegation that could be attached to many breaches of Part 2 rules, it could be a way round rule 60.1(a)’s exclusion of reported breaches of a Part 2 rule, since the protest committee would have to find facts related to the incident which might lead it to dismiss the rule 2 allegation, but nevertheless find facts leading to a conclusion that a Part 2 rule was broken and penalise the offending boat because of rule
64.1(a). Note also, for the purposes of this rule and rule 62.1(b) that rule 2 is not a rule of Part 2 – there is sometimes confusion. 2 RYA 1999/2 3 WS 1 4 US 1, SC 11
170 RYA The Racing Rules Explained
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