CASE 98
Definitions, Rule
Rule 4, Acceptance of the Rules
Rule 5, Rules Governing Organizing Authorities and Officials
Rule 63.7, Conflict between Rules
Rule 87, Changes to Class Rules
Rule 88.2, National Prescriptions: Changes to Prescriptions
Rules J1.1(2), J1.1(3) a J1.2(3), Notice of Race Contents
The rules listed in the definition Rule apply to races
governed by The Racing Rules of Sailing whether or not the
notice of race explicitly states that they apply. A rule in the
notice of race or the sailing instructions, provided it is
consistent with any prescription to rule 88.2, may change
some or all of the prescriptions of the national authority.
Generally, the notice of race may not change a class rule.
When a boat races under a handicapping or rating system,
the rules of that system apply, and some or all of her class
rules may apply as well. When the notice of race conflicts
with the sailing instructions, neither takes precedence.
Facts
The notice of race for the Spring Tune-Up Race stated that The Racing Rules
of Sailing would apply, but made no reference to the prescriptions of the
national authority, the sailing instructions, the class rules, the notice of race
or any other document or rule. Starts were given for a class of boats racing
under a handicap system and for two one-design classes. Buttercup, a J/24,
raced in the handicap class and was protested for breaking a J/24 class rule.
Question 1
Did any of the following apply?
(1) the prescriptions of the national authority
(2) the class rules
(3) rules in the notice of race
(4) rules in the sailing instructions
(5) other documents governing the event
Answer 1
Rule J1.1(2) requires that the notice of race inform competitors ‘that the
event will be governed by the rules as defined in The Racing Rules of
Sailing.’ If the notice of race includes such a statement, then the following
all apply: the prescriptions of the national authority, the class rules, rules in
the notice of race and the sailing instructions, as well as the World Sailing
Regulations that have been designated by World Sailing as having the status
of a rule and are published on the World Sailing website. These apply
because they are all defined to be rules (see the definition Rule).
In this case the notice of race for the Spring Tune-Up did not comply with
rule J1.1(2). It stated only that ‘The Racing Rules of Sailing would apply.’
Nevertheless, documents 1, 2, 3 and 4 all applied. The reasoning that leads
to this conclusion is presented in the next paragraph.
If a term appears in italics in a racing rule, that term is used in the sense
stated in the Definitions (see Terminology in the Introduction). Rules 4.1(a)
and 4.3(a), in which ‘rules’ is in italics, make it clear that, by participating
in the race, each competitor and boat owner agrees to be governed by the
racing rules and by the rules in the documents listed in the definition Rule.
Rule 5, in which ‘rules’ again appears in italics, implies that the rules in all
the documents listed in the definition Rule also govern the organizing
authority, the race committee, the technical committee and the protest
committee while they are conducting and judging an event. The list in the
definition Rule includes items 1, 2, 3 and 4 in Question 1.
Other documents governing the event (item 5 in Question 1) apply only if
they are listed in the notice of race (see rule J1.1(3)).
Question 2
May a national authority prescription, or a rule in the notice of race or in the
sailing instructions, be changed?
Answer 2
Yes, provided that the procedures stated in the racing rules for making such
a change are followed. (Note that an addition to a rule, or deletion of all or
part of it, is a ‘change’ to the rule. See rule 85.1.)
The notice of race or sailing instructions may change a prescription or state
that some or all of the prescriptions will not apply, provided that the national
authority has not restricted changes to those prescriptions in a prescription
to rule 88.2. In the absence of such a change in the notice of race or sailing
instructions, all the prescriptions apply.
Rule 89.2 states that a rule in the notice of race may be changed provided
adequate notice is given, and rule 90.2(c) covers the procedures for
changing a rule in the sailing instructions.
Question 3
May a class rule be changed?
Answer 3
Generally, no. However, the notice of race may change a class rule if the
class rules themselves permit the change, or if written permission of the
class association for the change has been obtained and is posted on the
official notice board (see rules 87 and J1.2(3)).
Question 4
Buttercup, a J/24, raced in the handicap class. Did the J/24 Class Rules or
the handicap system rules apply to her?
Answer 4
The rules of the handicap system applied to Buttercup (see paragraph (d) in
the definition Rule). If her handicap was explicitly based on the assumption
that she race in compliance with some, or all, of the J/24 class rules, then
those J/24 class rules, or all the J/24 class rules, applied to her. However, if
Buttercup’s handicap was not based on such an assumption, then none of
the J/24 class rules applied to her.
Question 5
If a rule in the notice of race conflicts with a rule in the sailing instructions,
which takes precedence? Can the conflict be resolved?
Answer 5
Neither takes precedence. Rule 63.7 governs a protest or request for redress
arising from such a conflict. It requires the protest committee to apply the
rule that it believes will provide the fairest result for all boats affected. If
such a conflict arises outside of a hearing of a protest or request for redress,
the conflict can be removed by changing either the notice of race (as
permitted by rule 89.2(b)) or the sailing instructions (as permitted by rule
90.2(c)).
USA 2000/80