CASE 85
Definitions, Rule
Rule 61.1, Protest Requirements: Informing the Protestee
Rule 86.1(c), Changes to the Racing Rules
If a racing rule is not one of the rules listed in rule 86.1(c),
class rules are not permitted to change it. If a class rule
attempts to change such a rule, that class rule is not valid
and does not apply.
Facts
Boats in the XYZ Class have hulls 8 m long. Rule 5 in the XYZ Class Rules
states:
The requirement in racing rule 61.1 to display a red flag shall not
apply to the XYZ Class unless specifically required in writing in
the sailing instructions of a race or series of races.
In a race for XYZ Class boats, boat A protested boats B and C and noted on
her protest form that she did not display a red flag because it was not
required by her class rules. The protest committee, relying on class rule 5,
decided the protest was valid and B objected to that decision on the grounds
that class rule 5 was not valid. Despite B’s objection, the protest committee
proceeded with the hearing and disqualified B and C. B appealed.
Decision
B’s appeal is upheld. Paragraph (d) of the definition Rule makes it clear that
class rules apply to a race. Class rules may change racing rules, but only the
rules listed in rule 86.1(c) and, with the approval of World Sailing, a rule in
Appendix G (see rule G5). Rule 61 is not one of those rules, and therefore
class rule 5, which attempts to change rule 61.1, is not valid and cannot
apply. The sailing instructions might have changed rule 61.1 as permitted in
rule 86.1(b), but did not do so. Therefore, A’s protest was invalid and should
have been refused. Accordingly, the protest committee’s decisions are
reversed, and the two boats are reinstated in their finishing places.
USA 1994/299