Rule 61.2(c), Protest Requirements:
Protest Contents
Rule 63.5, Hearings: Validity of the Protest or
Request for Redress
Rule 64.1(a), Decisions: Penalties and Exoneration
It is irrelevant for deciding on the validity of a protest that the protest committee thinks the rule cited in the protest as having been broken will very likely not be the applicable rule.
Summary of the Facts
After a collision near a mark, S protested P, citing rule 18 on her protest
form as required by rule 61.2(c). The protest committee declared the protest
invalid and refused to proceed with the hearing, because it said the protest
should have cited rule 10 rather than rule 18. Had the hearing gone ahead and
the parties been questioned, the protest committee said, the protest might have
been upheld. S appealed.
Decision
Rule 61.2(c) requires the protest to identify any rule the protestor believes
was broken. There is no requirement that the rule or rules identified must be
the rule or rules that are later determined to have been broken, and it is irrelevant
for deciding on the validity of the protest that the protestor cited a rule
that will very likely not be the applicable rule.
It is the protest committee, after finding the facts, that determines the applicable
rule. Rule 64.1(a) states that a disqualification or other penalty shall be
imposed whether or not the applicable rule was mentioned in the protest. It
is unimportant that the protestor made a mistake in citing the rule.
The appeal is upheld to the extent that the protest committee is instructed
to hold a new hearing.
FIV 4/1967