CASE 61
Rule 71.4, National Authority Decisions
Rule 90, Race Committee; Sailing Instructions; Scoring
When the decision of a protest committee is changed or
reversed upon appeal, the final standings and the awards
must be adjusted accordingly.
Question
May the notice of race or sailing instructions for an event state that, while
the right of appeal is not denied, final standings and awards will not be
affected by any appeal decision?
Answer
No. Rule 86.1 prohibits changing any part of rule 70, 71 or 90 in the notice
of race or sailing instructions. An appeal involves not only the adjudication
of a dispute on the meaning of a rule but also, in the event of a change or
reversal of the decision of the protest committee, an adjustment of the results
of the race and the final standings of the event on which the awards are
based. Rule 71.4 states that the decision of the national authority is final,
and rule 90.3(d) requires the race committee to implement any scoring
changes directed by the national authority. In addition, the distribution of
awards must be adjusted appropriately.
Rule 90.3(e) permits the notice of race to limit scoring changes after the end
of an event. However, the rule clearly states that, even when it applies,
changes resulting from an appeal must be implemented.
USA 1983/252