CASE 39          

Sportsmanship and the Rules
Rule 60.2(a), Right to Protest; Right to Request Redress or Rule 69 Action

Except when it receives a report of a breach of a class rule or of rule 43 from an equipment inspector or a measurer for an event, a race committee is not required to protest a boat. The primary responsibility for enforcing the rules lies with the competitor.

Summary of the Facts
Throughout a five-race series, A competed with a crew of three. After the last race, B and others jointly protested A, alleging that she had broken a class rule that limited the crew to two. This was the first protest relating to the matter. It was refused because the hulls of the protesting boats were all over 6 m long, but none of the boats displayed a red flag. This decision was appealed on the grounds that the race committee ought, on its own initiative, to have protested A in all the races.

Decision
As provided in rule 63.5, the protest was invalid because no red flag was displayed as required by rule 61.1(a). To uphold this appeal would amount to a conclusion that a race committee ought to know the class rules of each class, and that it then has an obligation to enforce them when members of the class themselves fail to do so. No such obligation is placed on a race committee. Furthermore, rule 60.2(a) is clearly discretionary, except when a race committee receives a report required by rule 43.1(c) or 78.3, which it had not. As stated in Sportsmanship and the Rules, ‘Competitors in the sport of sailing are governed by a body of rules that they are expected to follow and enforce.’ The primary responsibility for enforcing the rules therefore rests with the competitors.
The appeal is dismissed, and the decision of the protest committee is upheld.

CYA 1977/35