8 UNDE R S TANDING THE RAC ING RUL E S OF SAI L ING THROUGH 2 0 2 4
• Rule 62 (Redress) Rule 62.1(b) has been changed so that now, in order to be en- titled to redress based on injury or physical damage caused by another boat that was racing, the offending boat needs to have taken a penalty or be penalized by the protest committee first. This will require boats to protest in order to become entitled to redress under rule 62.1(b) if the offending boat does not take a penalty.
Rule 62.1(d) has added “support persons” to the list of offenders that may entitle a boat to redress.
Rule 62.2(a) now states that on the last scheduled day of racing a request for re- dress based on a protest committee decision shall be delivered no later than 30 minutes after the decision was posted.
• Rule 63.6 (Taking Evidence and Finding Facts) Rule 63.6(a) now requires protest committees to take “hearsay evidence.” “Hearsay evidence” is the testimony or information of a person not present at the hearing, presented to the protest commit - tee by another person. “Hearsay evidence” includes oral reports, written statements and photographic evidence. Reasons for this change include (a) protest committees often do not know the evidence is “hearsay” until after they have heard it, (b) often “hearsay evidence” can be useful, such as a list of mark roundings from a member of the race committee, and (c) often it is impractical to bring the videographer into the hearing. Rule 63.6(a) now also gives the protest committee the right to exclude evidence which it considers to be irrelevant or unduly repetitive.
Rule 63.6(c) still gives each party the right to question any person giving evidence. In the case of “hearsay evidence,” the person “giving” the evidence includes the originator of the evidence (the person who wrote the written testimony or told the party their account of the incident). The protest committee must protect the party’s right by allowing the party to call the person giving the evidence as a witness, and to reconvene or reopen the hearing if needed.
New rule 63.6(d) states that the protest committee must consider the credibility of any evidence and assign “weight” to it before deciding the facts and making its decision. The World Sailing Judges Manual advises that hearsay evidence of the description of a racing incident should be given little or no weight.
Finally, Appendix M, which is advisory, contains one bullet point that likely should have been deleted. It is in rule M3.2, bullet 9, which advises the protest committee to not accept written evidence from a witness who is not available to be questioned unless all the parties agree. This of course would violate the protest committee’s obligation to accept all the parties’ evidence in rule 63.6(a), so should be ignored.
• Rule 63.9 (Hearings under Rule 60.3(d) — Support Persons) provides the due process rules for hearings involving support people.
• Rule 64.1 (Decisions: Standard of Proof, Majority Decisions and Reclassifying Requests) provides a basic standard of proof for protest committees. It says “A pro test committee shall make its decision based on a balance of probabilities, unless provided for otherwise in the rule alleged to have been broken.” The rule goes on to state some other procedural actions for protest committees.
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