RS CALL - The Call Book for Radio Sailing

Section P - Protests and Penalties

RS CALL P3

Rule 18.2(b), Giving Mark-Room
Rule 43, Exoneration
Rule 60, Right to Protest
Rule E5.1, Observers

In a race with observers, in order for a boat to be penalized, a protest must be lodged for any unresolved incident.

Assumed Facts

A and B are overlapped on port tack, with A to windward, when B enters the zone of a leeward mark to be rounded to port. A, on the inside, touches the mark. An observer appointed by the race committee hails A twice. Neither boat protests or takes a penalty. The observer reports the incident to the race committee at the end of the heat, as required under rule E5.1(c). The observer's report makes no mention of B.

When informed by the race committee of the unresolved incident, the competitor controlling A says that his boat touched the mark because the leeward boat, B, did not give her mark-room. He states that he did not believe A was required either to take a penalty or to protest the other boat.

Question 1

What should the race committee do?

Answer 1

The competitor has acknowledged that the boat (A) he was controlling broke rule 31 and did not take a penalty. However, A has not taken the opportunity to retire under rule 44.1(b). If the race committee wishes to proceed further, they may lodge a protest under rule 60.2(a) against A. Note that, even if the observer is also a competitor, he is not an interested party (rule E1.1).

However, all competitors are expected to comply with the rules. If a competitor believes that another boat has broken a rule, then he should protest. Neither the race committee nor the protest committee are necessarily required to protest in his place.

Question 2

If the race committee does protest A, is a protest committee required to consider A's allegation that she was entitled to mark-room and she broke rule 31 because B failed to give her mark-room?

Answer 2

The observer's testimony was that A touched the mark, and A has agreed that she did so. These facts establish that A broke rule 31.

Neither A nor B protested. At a hearing of a protest by the race committee, if A alleges that B failed to give her mark-room, the protest committee should act under rules 60.3(a)(2) and 61.1(c) and protest B. Having heard all the evidence, the protest committee must find the facts (rule 63.6) and make a decision (rule 64). If the protest committee concludes that A was sailing in the mark-room to which she was entitled and that her breach was a consequence of B breaking rule 18.2, it shall decide that rule 43.1(b) applies and exonerate A. If B is a party to the hearing, she shall be penalized for breaking rule 18.2.