Rule 61.1, Protest Requirements: Informing
the Protestee
Rule 86.1(c), Rule Changes
Definitions, Rule
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.
Summary of the 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). Rule 61 is not listed there, and therefore
class rule 5, which attempts to change rule 61.1, is not valid and can not 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
USSA 1994/299