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Page 1: Trevor Lewis. 2 Whats New for 2013? THE RACING RULES OF SAILING 2013 – 2016 There are many minor changes. In general, they are trying to make the rules.

Trevor Lewis

Page 2: Trevor Lewis. 2 Whats New for 2013? THE RACING RULES OF SAILING 2013 – 2016 There are many minor changes. In general, they are trying to make the rules.

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What’s New for 2013?

THE RACING RULES OF SAILING 2013 – 2016

There are many minor changes. In general, they are trying to make the rules say better what most people thought they meant anyway – and to remove inconsistencies. ►

These changes include some minor game changes.►

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The Full Works

Mainly for Competitors

Mainly for Organizing Authorities and Race Committees

Mainly for Protest Committees

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There is a new general statement at the start of the rules:

‘As the leading authority for the sport, the International Sailing Federation promotes and supports the protection of the environment in all sailing competitions and related activities throughout the world.’ ►

There is a new Basic Principle:

ENVIRONMENT RESPONSIBILITY

Participants are encouraged to minimise any adverse environmental impact of the sport of sailing. ►

There is a new rule that applies at all times when boats are on the water:

55 TRASH DISPOSAL

A competitor shall not intentionally put trash in the water. ►

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CONTENTS

There is an index of ISAF online rules documents

The RYA has added in YR1 (the RYA version of the rule book) a statement explaining the status of the Equipment Rules of Sailing ►

There is a new kiteboarding Appendix F, and old Appendix F, Procedures for Appeals and Requests becomes Appendix R ►

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INTRODUCTION

In Terminology, a ‘vessel’ is clarified to mean any boat or ship. Excluding appendices, the word vessel is used in: ►

-The definition Obstruction

- Rule 1.1, Helping Those in Danger

- Rule 23, Capsized, Anchored or Aground; Rescuing

- The preamble to Part 2

- Rule 41(b), Outside Help

- Rule 42.3(g), Propulsion

- Rule 42.3(h), Propulsion

- Rule 47.2, Limitations on Equipment and Crew

- Rule 62.1(b), Redress ►

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There are six changes to definitions:

Definition Finish

The words ‘…crosses the finishing line in the direction of the course from the last mark…’ are simplified to crosses the finishing line from the course side. No change of meaning is intended. ►

A third case of a boat that has crossed the finishing line but has not finished is added – where the boat continues to sail the course. This addresses a conceptual difficulty of a course that includes (typically) ‘starting / finishing line’ at the end of each lap. ►

It also deals with a course where the finishing line is away from the rest of the course – e.g., it is laid to windward of the windward mark – and the leading boat miscounts her laps, sails to cross the finishing line too early, realises her mistake and returns to do another lap. ►

What’s New for 2013?

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The definition Keep Clear now says:

A boat keeps clear of a right-of-way boat

(a) if the right-of-way boat can sail her course with no need to take avoiding action and

(b) when the boats are overlapped, if the right-of-way boat can also change course in both directions without immediately making contact. ►

The test of keeping clear remains in two parts (which are now separated for clarity). The first line now reminds us that keeping clear is relevant only when near a right-of-way boat – no change. ►

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Definition Keep Clear

A boat keeps clear of a right-of-way boat

(a) if the right-of-way boat can sail her course with no need to take avoiding action ►

There is no change to this first part of the keep-clear test, which applies in all cases. ►

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Definition Keep Clear

A boat keeps clear of a right-of-way boat

(a) if the right-of-way boat can sail her course with no need to take avoiding action and ►

(b) when the boats are overlapped, if the right-of-way boat can also change course in both directions without immediately making contact. ►

(b) is for situations where boats are sailing on similar headings – the right-of-way boat will be able to sail her course with no need to take avoiding action, but the other boat could be too close. ►

There is a small game change in this second part of the test – it now applies to boats that are overlapped on opposite tacks. ►

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Definition Keep Clear

A boat keeps clear of a right-of-way boat … (b) when the boats are overlapped, if the right-of-way boat can also change course in both directions without immediately making contact. ►

This used to refer to the effect of a course change by a leeward boat, which confined this part of the test to rule 11 situations. ►

By referring now to any overlapped right-of-way boat, this test will now apply to boats sailing downwind overlapped on opposite tacks. ►

The definition Overlap continues to say that the term ‘overlapped’ applies to boats on opposite tacks when rule 18 applies or both boats are sailing more than ninety degrees from the true wind. ►

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Definition Keep Clear

A boat keeps clear of a right-of-way boat … (b) when the boats are overlapped, if the right-of-way boat can also change course in both directions without immediately making contact. ►

Red, on port tack, passes the first part of the keep-clear test, because Green on starboard tack can sail her course with no need to take avoiding action. ►

Red was previously not affected by the second part of the test, as it applied only to same-tack boats. ►

Red may now fail the second part of the test, as it now applies to any downwind overlap situation. So Red must keep further away from Green. The same is true for opposite-tack situations if rule 18 also applies between them. ►

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Definition Mark

This used to say …an object attached temporarily or accidentally to a mark is not part of it.

There were disagreements over the meaning of ‘temporarily’. ►

The highlighted words have been removed, and the definition now says:

…an object attached accidentally to a mark is not part of it. ►

The intention is to make it clearer that committee boats may attach RIBs and other devices to themselves to protect against damage from boats that are starting. ►

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The definition Room is now:

The space a boat needs in the existing conditions, including space to comply with her obligations under the rules of Part 2 and rule 31, while manoeuvring promptly in a seamanlike way. ►

Here are some examples of the effect of the new words that are underscored here (which do not change the game, but rather make explicit what was implicit and only explained in cases). ►

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Definition Room

The space a boat needs …to comply with her obligations under the rules of Part 2…

This frequently concerns ‘three-boat’ situations.

Green is an obstruction to Yellow, but not to Blue or Red. ►

Blue must give Yellow room under rule 19 to pass Green. ►

Red must give Blue space for Blue to comply with that Part 2 obligation. ►

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Definition Room

The space a boat needs …to comply with her obligations under the rules of Part 2…

This frequently concerns ‘three-boat’ situations.

If they were overlapped at zone entry, Yellow must give mark-room to Red. ►

Blue must give Yellow space to comply with that Part 2 obligation. ►

Nothing new, just clearer ►

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Definition Room

The space a boat needs …to comply with her obligations under the rules of Part 2… ►

Other examples include:

- Under rule 23, space that one boat must give to a second boat to avoid a third boat that is capsized, anchored, aground or giving help. ►

- Under rule 24, space that one boat that has right of way but is not racing must give to a second boat required to keep clear but also not racing, so as not to interfere with a third boat that is racing. ►

- Under rule 24, space that one boat that has right of way but is not sailing a proper course must give to a second boat required to keep clear but also not sailing a proper course, so as not to interfere with a third boat that is taking a penalty or sailing on another leg. ►

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Definition Room

The space a boat needs …to comply with her obligations … under rule 31 ►

If they were overlapped at zone entry, Yellow must give Red space to avoid touching the mark. ►

Nothing new, just clearer. ►

It is not the definition that creates an obligation to give room to avoid touching a mark – it will be rule 18. ►

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Definition Mark-Room

This is largely new, but it is not aimed at changing the game – it is an example of trying to find the words to say unambiguously what most people understand to be how mark-rounding should operate when rule 18 requires mark-room to be given. The definition comprises: ►

- In all cases, room (as redefined) to leave a mark on the required side ►

- In some cases, room (as redefined) to ‘sail to the mark’ ►

- When necessary, room (as redefined) to round the mark ►

- Room (as redefined) to tack at a mark in some situations, which are slightly more restrictive than before ►

We can look at those components in more detail.. ►

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Definition Mark-Room

Room for a boat to leave a mark on the required side…

This is self-evident. It harmonises with the redefinition of Room to include room for a boat to comply with rule 31. ►

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Definition Mark-Room

Also, (a) room to sail to the mark when her proper course is to sail close to it… ►

If they were overlapped at zone entry, Yellow must give room to Red to sail to the mark. ►

Nothing new. ►

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Definition Mark-Room

Also, (a) room to sail to the mark when her proper course is to sail close to it…

If they were overlapped at zone entry, Yellow’s proper course is not to sail to the mark, because of the presence of Red. ►

It is now clearer that Blue cannot pretend that Red is not there. She must give room for two, not just for one. ►

Blue must not squeeze Yellow. Instead, as we have already seen, Blue must give Yellow room to meet her Part 2 obligation to give room to Red, and room for Red to avoid touching the mark. ►

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Definition Mark-Room

Also, (a) room to sail to the mark when her proper course is to sail close to it… ►

Note that the obligation is to give room to sail to the mark, not room to sail a proper course. Consider boat with high gybing angles. ►

Red’s proper course may be to carry on to her right gybing angle for the mark. ►

However, all that Green is require to give her is room to sail to the mark, because Red’s proper course is to sail close to it. ►

Green must bear away now, to give room for Red to sail directly to the mark. ►

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Definition Mark-Room

And, (b) room to round the mark as necessary to sail the course. ►

This replaces ‘room to sail a proper course while at the mark’. ►

This makes clear that the room to be given at the mark is the space for seamanlike manoeuvring, but not (if greater) the space for an inside boat or a boat ahead to sail the course round the mark that will get her quickest to the finishing line. ►

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Definition Mark-Room

However, mark-room does not include room to tack unless she is overlapped inside and to windward of he boat required to give mark-room and she would be fetching the mark after her tack.

Yellow must give Blue room to tack. ►

Nothing new. ►

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Definition Mark-Room

However, mark-room does not include room to tack unless she is overlapped inside and to windward of he boat required to give mark-room and she would be fetching the mark after her tack.

Blue is not entitled to room to tack from Yellow, as Blue would not be fetching the mark after her tack. It’s a clarification. ►

Definition Fetching (unchanged)

A a boat is fetching a mark when she is in a position to pass to windward of it and leave it on the required side without changing tack. ►

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Definition Party

The definition is reordered for clarity, and to make the inspection committee or measurement committee for the event a party to a redress hearing when it is alleged that the committee acted improperly – as we will see under rule 62.1(a), Redress. (A ‘committee’ can be one person.) ►

This does not make the inspection committee or measurement committee for the event a party when there is a protest concerning class rules or personal equipment – even if the protest was made by the race committee under rule 60.2 following a report under rule 43.1(c) or (more commonly) under rule 78.3, by an equipment inspector or measurer for the event. ►

In these cases, the inspector or measurer will be a witness in the race committee’s protest – the race committee is the party. ►

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PART 1, FUNDAMENTAL RULES

There is no change ►

PART 2, WHEN BOATS MEET

Section A, RIGHT OF WAY

There is a small clarification in the preamble to section A, which now says that:

A boat has right of way over another boat when the other boat is required to keep clear of her…

(Previously, ‘A boat has right of way when another boat is required…’) ►

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PART 2, WHEN BOATS MEET

SECTION B, GENERAL LIMITATIONS

Rule 14, AVOIDING CONTACT

Rule 14(b) is changed from

(b) shall not be penalized under this rule unless there is contact that causes damage or injury.

to

(b) shall be exonerated if she breaks this rule and the contact does not cause damage or injury. ►

This brings rule 14 into line with instant exonerations not requiring a hearing under Section C rules and removes an inconsistency with the fundamental obligation to retire or rotate when a boat breaks a rule. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

In the preamble to Section C, the following sentence no longer appears: When rule 20 applies, rules 18 and 19 do not.

That is because, when rule 20 begins to apply when a boat hails for room to tack, the response required implicitly disapplies rule 19, Room to Pass an Obstruction – so it does not need saying.

There is a potential conflict between rule 20, Room to Tack at an Obstruction, and rule 18.2, as discussed under rule 20, which resolves the conflict.

Also, all exonerations under Section C now lie in a new rule 21, Exoneration. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

There is a new rule 18.2 (c)(2), which clarifies that, when a boat is required to give mark-room by rule 18.2(b) because of their positions when entering the zone – If she becomes overlapped inside the boat entitled to mark-room, she shall also give that boat room to sail her proper course while they remain overlapped. ►

So when a boat gets a too-late inside overlap, she must not only give the other boat space to sail to the mark, but also (if different) space to sail as near the mark as she wants – and if the boat entitled to mark-room does squeeze the barger out, rule 21, Exoneration will exonerate almost all other rules she breaks in so doing, except rule 14, Avoiding Contact when there is contact resulting in damage or injury. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 18.2(e) tells us that a boat is not required to give mark-room to an inside overlapped boat when she is unable to do so. Previously, this applied only to a inside overlap from clear astern (usually gained near the zone inside one of several overlapped boats that were all previously ahead).

It now also applies at a windward mark, when one boat tacks into a windward inside overlap, and the leeward boat is unable to give mark-room. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 18.3 is retitled Tacking in the Zone, and its wording is simplified.

There is a small game change. The rule used to apply when a boat changes tack and as a result is subject to rule 13 in the zone (when the other is fetching the mark).

The rule now applies when a boat in the zone passes head to wind and is then on the same tack (as a boat that is fetching the mark).

So now some part of a boat must be in the zone before changing tack in order to switch on rule 18.3. However, the reduction of distance from the mark at which a tack will switch on rule 18.3 must be very small. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 18.3(a) used to tell the boat that tacked not to cause the other boat to sail above close-hauled to avoid her.

It now says that she shall not cause the other boat to sail above close-hauled to avoid contact.

The ‘other boat’ could be the windward of two same-tack boats, responding to the presence of the boat to leeward. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 20, ROOM TO TACK AT AN OBSTRUCTION

The rule is rewritten into a more logical order. It says explicitly that a boat hailed for room to tack must respond, even if the hailing boat hailed when she was not entitled to do so – it is an issue to be resolved by penalty turns or a protest. ►

When three or more boats are involved, and the boat that is leeward or clear ahead hails for room to tack, the nearest boat herself acquires the right for room to carry out her tack by hailing the next boat for room to tack, even if she was not yet at sufficient proximity to the obstruction to entitle her to hail if she had not been hailed. The rule title says it all – 20.3, Passing on a Hail to an Additional Boat. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 20, ROOM TO TACK AT AN OBSTRUCTION

Room atthe mark!

No, room totack!

Rule 20 conflicts with rule 18 only when two port-tack boats approach a starboard-tack boat at a port-hand windward mark. ►

Rule 20.2(e) says that from the time a boat hails until she has tacked and avoided the hailed boat, rule 18.2 does not apply between them.

Blue must give room for Yellow to tack and avoid Blue (and Green). ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 21, EXONERATION

This new rule combines all the exonerations previously set out separately in rules 18 and 20.

It adds exoneration for breaking rule 31, Touching a Mark, when compelled to hit a mark because mark-room was wrongfully denied. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 21, EXONERATION

Rule 21 also adds an exoneration when rule 19 applies at an obstruction, for a boat is sailing within the room to which she is entitled, if, in an incident with the boat required to give her that room, she breaks a rule of Section A, rule 15 or rule 16.

So when room is not given, the inside boat can decide not to keep clear of the outside boat - or even to touch the outside boat rather than the obstruction.

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PART 2, WHEN BOATS MEET

Section C, AT MARKS AND OBSTRUCTIONS

Rule 21, EXONERATION

Note that rule 14 is not listed as one of the rules giving rise to exoneration under rule 21. Rule 14(b) may give exoneration, but not if damage or injury results.

In that case, exoneration may still be granted by a protest committee under rule 64.1(a), Decisions: Penalties and Exoneration when the boat was compelled to break rule 14. ►

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PART 2, WHEN BOATS MEET

SECTION D, OTHER RULES

Because of the new rule 21, Exoneration, rules 21, 22 and 23 are renumbered to rules 22, 23 and 24.

Rule 22.3 now makes clear that is only when moving astern through the water by backing a sail that the boat must keep clear of one that is not.

So the rule will apply even if, because of a strong current, she is still moving ahead with respect to the ground. ►

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PART 3, CONDUCT OF A RACE

Rule 25, Notice of Race, Sailing Instructions and Signals is divided for clarity.

New rule 25.3 says that a race committee may display a visual signal by using either a flag or other object of a similar appearance.

So boards can be used instead of flags, even when a rule (as do many rules in Part 3) refers to a flag.

This removes the need for rule 33 to specify a board. ►

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PART 3, CONDUCT OF A RACE

Rule 28, Sailing the Course is rewritten, mainly for clarity.

There are two important changes. ►

Rule 28 now says that a boat may correct errors to comply with this rule, provided that she has not finished.

(However, the definition Finish opens the door for a boat to correct her course by continuing to sail it after crossing the finishing line). ►

Secondly, the string test now starts to apply to a boat when she beings to approach the starting line from its pre-start side to start, rather than when she starts.

This may increase the possibility that a starting limit mark laid on the pre-course side of the starting line must be respected. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

Despite the Part’s title, its preamble now says that new rule 55, Trash Disposal applies at all times when boats are on the water. ►

RULE 41, OUTSIDE HELP

Rule 41(a) now allows help for a crew member who is ill, injured or in danger. This is moderated by an additional clause:

However, a boat that receives a significant advantage in the race from help received under rule 41(a) may be protested and penalized: any penalty may be less than disqualification.

Rule 41(b) permits help, after a collision, from the crew of the other vessel to get clear. Previously, it said ‘from the crew of the other boat’ This makes clear that it does not matter whether the other is racing or not (see Terminology in the Introduction). ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

RULE 42, PROPULSION

Rule 42.3(c), Exceptions, has changed the meaning of Surfing to:

Rapidly accelerating down the front of a wave

This is because the direction of the wave may not be to leeward – for instance a wave created by a passing vessel.

However, pumping to surf down a wave would still not be permitted on a beat to windward, because the rule says so. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

RULE 42, PROPULSION

Rule 42.3(c), Exceptions, now makes clear that a sail may be pulled in only once per wave or gust to plane or surf, as opposed to sequential pulling of sheet and guy. The means of pulling the sail is not specified, so it could include a gybing line. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

RULE 42, PROPULSION

New rule 42.3(e) is inserted, to allow pumping to ‘uninvert’ an inverted batten, unless this clearly propels the boat.

The next two exceptions are relettered. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

RULE 42, PROPULSION

Rule 42.3(h) copies rule 41(b) in referring to a collision with another vessel, rather than another boat.

Rule 42.3(h) also makes clear that rule 42.3(i) allows an exception to be made to rule 42.3(h)’s prohibition of the use of an engine for getting clear after grounding or collision.

(Rule 42.3(i) continues to allow the sailing instructions to permit the use of engine propulsion in stated circumstances, which could include getting clear after grounding or collision.) ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

RULE 44.1, PENALTIES AT THE TIME OF AN INCIDENT: Taking a Penalty

It is now clearer that, when the sailing instructions specify the Scoring Penalty or some other penalty, this replaces the One-Turn or Two-Turns Penalty.

It is now clearer that the question of whether a boat gained a significant advantage by breaking a rule (thus requiring her to retire) is not tested until after a boat has taken a penalty at the time of the incident. So a boat need not retire if a significant advantage from breaking rule was temporary, because she no longer had it after she had spun. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

Rule 48, FOG SIGNALS AND LIGHTS; TRAFFIC SEPARATION SCHEMES

New rule 48.2 says that a boat shall comply with rule 10, Traffic Separation Schemes, of the IRPCAS.

The rule title reflects this addition.

Race committees for coastal and oceanic races should consider the implications of a course that goes close to a TSS. RYA guidance is that making the whole of the TSS (excluding any inshore zone) a prohibited area may be best. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

Rule 49.2’s title is now CREW POSITION; LIFELINES. The addition of lifelines to the title draws attention to a significant change. The torso rule applies in all cases when there is an upper and lower lifeline (as opposed previously only when they were of wire): and, if class rules do not specify the material or minimum diameter of lifelines, they shall comply with the corresponding specifications in the ISAF Offshore Special Regulations.

This may require prompt attention in the rules of some classes. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

Rule 50.4, Headsails is redrafted, but the RYA still overrides this with its own prescription. ►

Rule 52, Manual Power refers to the power provided by the crew, in place of manual power. This will permit pedal power, and, perhaps, stored energy derived from physical effort. ►

Finally in Part 4, as previously noted, new rule 55, Trash Disposal says that a competitor shall not intentionally put trash in the water. Despite this rule’s association with a general statement and new fundamental principle, it can be changed by sailing instructions, which might be useful to clarify the use of rubber bands or wool for banding spinnakers. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

SECTION A, PROTESTS; REDRESS; RULE 69 ACTION

Rule 60.1, Right to Protest now says that a boat cannot protest under rule 31, Touching a Mark, unless she saw the incident. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

SECTION A, PROTESTS; REDRESS; RULE 69 ACTION

Rule 61.1(a), INFORMING THE PROTESTEE

The words ‘When her protest concerns an incident in the racing area’ are changed to ‘When her protest will concern an incident in the racing area’.

This makes clearer that the protest is what will later be written on the protest form. The hail is evidence of an intention to do so. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

SECTION A, PROTESTS; REDRESS; RULE 69 ACTION

Rule 61.1(a), INFORMING THE PROTESTEE

New rule 61.1(a)(3) makes a rule of an ISAF Case.

If the incident was an error by the other boat in sailing the course, she need not hail or display a red flag but she shall inform the other boat before that boat finishes or at the first reasonable opportunity after she finishes.

So the notification can be by hailing and flagging at the time the other boat is seen to have made an error, or by hailing alone at that time, or by later notification, and a protest intention that is notified after the other boat finishes is valid even if it could have been made before. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

SECTION A, PROTESTS; REDRESS; RULE 69 ACTION

Rule 61.1(a), INFORMING THE PROTESTEE

The new rule 61.1(a)(3) just discussed means that the former rule 61.1(a)(3) concerning incidents resulting in damage or injury is now rule 61.1(a)(4).

Rule 61.1(b) has new words without a change to the meaning, to correct the tenses, and a similar minor tense correction is made to rule 61.3, Protest Time Limit. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 62.1, REDRESS

The basis for redress is clarified to be…that a boat’s score in a race or series has been OR MAY BE, through not fault of her own, made significantly worse…

This reflects the fact that the full scoring impact of what has happened may not be fully clear until later in a series. ►

The bodies whose improper actions or omissions can lead to redress now include the equipment inspection committee or measurement committee for the event.

As with a protest committee, this might be a single person, but it or they must be appointed to carry out those functions at the event. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 62.2, REDRESS

The rule now makes clear that a request for redress must ‘identify the reason for making it.’

The time limit for delivering the written request to the race office is clearer – for an incident in the racing area, it remains the later of the protest time limit or two hours after the incident. ►

For other requests, it is ‘as soon as reasonably possible after learning of the reasons for making the request.’

That could apply to a scoring error that might not be learned of for some days after the race in question. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 63.6, TAKING EVIDENCE AND FINDING FACTS

The position of a protest committee member who saw the incident is clarified.

A member of the protest committee who saw the incident shall, while the parties are present, state that fact and may give evidence.

Note that the statement must be made even if the protest committee member has no useful evidence to offer. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 64.1, DECISIONS: PENALTIES AND EXONERATION

The contents of the rule have been reordered and reworded. A new rule 64.1(c) says that, if the race is restarted or resailed, rule 36 applies.

That is just a reminder. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 64.3, DECISIONS ON PROTESTS CONCERNING CLASS RULES

This is a new title – it was previously Decisions on Measurement Protests.

This may have expanded the scope of the rule a little, since class rules address more than measurement issues.

The rule itself has references to measurement replaced with references to class rules. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

The old rule 67 concerning hearings and penalties for breaking rule 42 has been deleted, since it had been overtaken by the procedures and penalties in Appendix P, Special Procedures for Rule 42.

What had been rule 68, Damages is now rule 67, and there is no longer any rule 68. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 69, Allegations of Gross Misconduct has been substantially revised. Rule 69.1(a) now for the first time places a positive responsibility on competitors:

A competitor shall not commit gross misconduct, including a gross breach of a rule, good manners or sportsmanship, or conduct bringing the sport into disrepute. Throughout rule 69, ‘competitor’ means a member of the crew, or the owner, of a boat. ►

There is a new ‘standard of proof’ in rule 69.2 hearings – has it been established to the comfortable satisfaction of the protest committee, bearing in mind the seriousness of the alleged misconduct, that the competitor has broken rule 69.1(a)? (A national prescription could change this if it conflicts with national law – the RYA has not made one). ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 70.1(b), APPEALS AND REQUESTS TO A NATIONAL AUTHORITY

This says that

A boat may appeal when she is denied a hearing required by rule 63.1.

(i.e., she was denied the normal hearing of a protest or request). ►

Rule 71.2, National Authority Decisions now also says that

When the national authority decides that there shall be a new hearing, it may appoint the protest committee. ►

Both of these changes arose from RYA submissions reflecting current RYA practice. ►

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PART 6, ENTRY AND QUALIFICATION

Also based on an RYA submission reflecting RYA practice, in rule 76.1, Exclusion of Boats or Competitors there are added rights for excluded competitors and for boats whose entry has been rejected:

On request, the boat shall promptly be given the reason in writing. The boat may request redress if she considers that the rejection or exclusion is improper. ►

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PART 6, ENTRY AND QUALIFICATION

Rule 78, COMPLIANCE WITH CLASS RULES; CERTIFICATES

The rule is modified to take account of the fact that certificates are not always issued in paper form, but are held electronically. The rule therefore talks of the verification of a certificate’s existence being equally as valid as its production. ►

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PART 6, ENTRY AND QUALIFICATION

Rule 81 rewritten, with references to Rescheduled Races replaced with Rescheduled Event. This may slightly reduce the application of the rule.

Rule 81, RESCHEDULED EVENT

When an event is rescheduled to dates different from the dates stated in the notice of race, all boats entered shall be notified. The race committee may accept new entries that meet all the entry requirements except the original deadline for entries. ►

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PART 7, RACE ORGANIZATION

The option in rule 86.1(b) to vary the size of the zone of a mark from three to two or four lengths is deleted. All zones are therefore of three hull lengths of the nearer boat, and this cannot be changed. ►

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PART 7, RACE ORGANIZATION

Rule 89.1, ORGANIZING AUTHORITY

The following continue to be acceptable organizing authorities:

- The ISAF, a member national authority of the ISAF (e.g., the RYA), an affiliated club.

There are then newly defined bodies:

(d) an affiliated organization other than a club and, if so prescribed by the national authority, with the approval of the national authority or in conjunction with an affiliated club;

This would include a class association affiliated to the national authority. It could also be an affiliated commercial concern. The RYA does not prescribe to this rule. ►

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PART 7, RACE ORGANIZATION

Rule 89.1, ORGANIZING AUTHORITY (Cont’d)

(e) an unaffiliated class association, either with the approval of the national authority or in conjunction with an affiliated club.

(f) two or more of the above organizations (i.e., ISAF, RYA, affiliated club, other affiliated organization, unaffiliated class association.

The rule continues to allow the following to be organizing authorities

(g) an unaffiliated body in conjunction with an affiliated club where the body is owned and controlled by the club…

(f) if approved by the ISAF and the national authority of the club, an unaffiliated body in conjunction with an affiliated club where the body is not owned or controlled by the club. ►

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PART 7, RACE ORGANIZATION

Rule 89.1, ORGANIZING AUTHORITY

The rule goes on to clarify affiliation:

In rule 89.1, an organization is affiliated if it is affiliated to the national authority of the venue; otherwise the organization is not affiliated.

However, if boats will pass through the waters of more than one national authority while racing, an organization is affiliated if it is affiliated to the national authority of one of the ports of call. ►

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PART 7, RACE ORGANIZATION

Rule 90.3, SCORING

(c) When the race committee determines from its own records or observations that it has scored a boat incorrectly, it shall correct the error and make the corrected scores available to the competitors.

This new rule simplifies things for those race committees that thought that this might require some sort of hearing. ►

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PART 7, RACE ORGANIZATION

Rule 91(b), PROTEST COMMITTEE

The rule is edited to clarify that an international jury shall be composed as required by rule N1 and have the authority and responsibilities stated in rule N1. ►

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APPENDIX A, SCORING

The Bonus Point System of scoring has been removed. Therefore, in order to use it, sailing instructions must specify it in full (keep the old rule book as a reference).

In A11, Scoring Abbreviations, RAF (Retired after finishing) no longer appears, and RET (Retired) returns after a long absence (but DNF remains). DPI (Discretionary penalty Imposed) is added. ►

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APPENDIX J, NOTICE OF RACE AND SAILING INSTRUCTIONS

There is a revised RYA Addendum A which recommends a strengthened replacement for the ISAF-recommended Disclaimers of Liability wording in para 20 of the Notice of Race Guide ( Appendix K) and in para 29 of the Sailing Instructions Guide (Appendix L).

The recommended strengthened text (on page 115 of RY1, the RYA version of the Racing Rules) is to be described as a ‘Risk Statement’.

Organizing authorities need to review 2013 Notices of Race, and ‘before using these clauses … are recommended to:

- conduct a risk assessment…

- consider whether appropriate safety measures have been taken…

- consider whether the suggested clauses are right for the event.’

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APPENDIX L, SAILING INSTRUCTIONS GUIDE

L 5.4 now reads:

To alert boats that a race or sequence of races will begin soon, the orange starting line flag will be displayed with one sound at least five minutes before a warning signal is made.

The changes to this recommended sailing instruction are:

- the procedure is for general use, not just after a postponement

- the orange flag is clarified to be the flag used to identify one end of the starting line

- the time interval moves from at least four minutes to at least five minutes before the warning signal. ►

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APPENDIX L, SAILING INSTRUCTIONS GUIDE

L11.5 offers an alternative to rule 30.3, Black Flag Rule.

In it, there is no disqualification without a hearing if there is a general recall or the race is abandoned after the starting signal. Flag U is specified as the preparatory signal for this. Disqualification without a hearing will apply to boats on the course in the only last minute of a race that starts and is completed. ►

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APPENDIX L, SAILING INSTRUCTIONS GUIDE

The suggested wording in L16.2 for the protest time limit includes saying that the time will also run from the race committee signalling no more racing today, if that is later than the time the last boat finishes the last race of the day.

This addresses the situation when boats are held afloat while the race committee unsuccessfully tries to get another race started – so if AP over A is then displayed, this may already be several hours after the end of what is now the last race of the day. ►

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APPENDIX M, RECOMMENDATION FOR PROTEST COMMITTEES

M4.2 gives guidance on what is ‘new evidence’ in connection rule 66, Reopening a Hearing.

Evidence is ‘new’

• if it was not reasonably possible for the party to asking for the reopening to have discovered the evidence before the original hearing,

• if the protest committee is satisfied that before the original hearing the evidence was diligently but unsuccessfully sought by the party asking for the reopening, or

• if the protest committee learns from any source that the evidence was not available to the parties at the time of the original hearing.

(This clarification arose from an RYA submission) ►

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APPENDIX R, PROCEDURES FOR APPEALS AND REQUESTS

Rule R2, Submission of Documents now provides for a failure to hold the hearing of a protest or request for redress, and a failure to provide a potential appellant with a copy of the decision.

Rule R4 is now titled Comments and Clarifications, reflecting the fact that new rule R4.3 entitles the national authority to seek clarifications of rules governing the event from organizations that are not parties to the hearing.

These will include class associations and rating authorities. Unlike a reference to one of those bodies by a protest committee under rule 64.3(b), the answer is not binding on the national authority. ►

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RYA PRESCRIPTIONS

The words underscored here were added to the prescription to what is now rule 67, Damages in 2012:

Any issue of liability or claim for damages…. ►

The prescription to rule 76, Exclusion of Boats or Competitors is deleted, since the rule has been changed. ►

The submission to rule R2.1, Submission of Appeal is simplified. A new rule R2.4 is added by prescription:

If the appellant does not comply with rule R2.1 as prescribed or the protest committee does not comply with rule R2.3, the RYA will refuse to hear the appeal unless there are exceptional circumstances. If other parties to the protest or the protest committee do not meet the requirements of the procedure, the RYA may decide the appeal as it sees fit. ►

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THAT’S IT!

THANK YOU FOR YOUR ATTENTION – BEST WISHES FOR

SAFE, SUCCESSFUL AND REWARDING RACING.

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The Full Works

Mainly for Competitors

Mainly for Organizing Authorities and Race Committees

Mainly for Protest Committees

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There is a new general statement at the start of the rules:

‘As the leading authority for the sport, the International Sailing Federation promotes and supports the protection of the environment in all sailing competitions and related activities throughout the world.’ ►

There is a new Basic Principle:

ENVIRONMENT RESPONSIBILITY

Participants are encouraged to minimise any adverse environmental impact of the sport of sailing. ►

There is a new rule that applies at all times when boats are on the water:

55 TRASH DISPOSAL

A competitor shall not intentionally put trash in the water. ►

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CONTENTS

There is an index of ISAF online rules documents

The RYA has added in YR1 (the RYA version of the rule book) a statement explaining the status of the Equipment Rules of Sailing ►

There is a new kiteboarding Appendix F, and old Appendix F, Procedures for Appeals and Requests becomes Appendix R ►

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There are six changes to definitions:

Definition Finish

The words ‘…crosses the finishing line in the direction of the course from the last mark…’ are simplified to crosses the finishing line from the course side. No change of meaning is intended. ►

A third case of a boat that has crossed the finishing line but has not finished is added – where the boat continues to sail the course. This addresses a conceptual difficulty of a course that includes (typically) ‘starting / finishing line’ at the end of each lap. ►

It also deals with a course where the finishing line is away from the rest of the course – e.g., it is laid to windward of the windward mark – and the leading boat miscounts her laps, sails to cross the finishing line too early, realises her mistake and returns to do another lap. ►

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The definition Keep Clear now says:

A boat keeps clear of a right-of-way boat

(a) if the right-of-way boat can sail her course with no need to take avoiding action and

(b) when the boats are overlapped, if the right-of-way boat can also change course in both directions without immediately making contact. ►

The test of keeping clear remains in two parts (which are now separated for clarity). The first line now reminds us that keeping clear is relevant only when near a right-of-way boat – no change. ►

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Definition Keep Clear

A boat keeps clear of a right-of-way boat

(a) if the right-of-way boat can sail her course with no need to take avoiding action ►

There is no change to this first part of the keep-clear test, which applies in all cases. ►

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Definition Keep Clear

A boat keeps clear of a right-of-way boat

(a) if the right-of-way boat can sail her course with no need to take avoiding action and ►

(b) when the boats are overlapped, if the right-of-way boat can also change course in both directions without immediately making contact. ►

(b) is for situations where boats are sailing on similar headings – the right-of-way boat will be able to sail her course with no need to take avoiding action, but the other boat could be too close. ►

There is a small game change in this second part of the test – it now applies to boats that are overlapped on opposite tacks. ►

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Definition Keep Clear

A boat keeps clear of a right-of-way boat … (b) when the boats are overlapped, if the right-of-way boat can also change course in both directions without immediately making contact. ►

This used to refer to the effect of a course change by a leeward boat, which confined this part of the test to rule 11 situations. ►

By referring now to any overlapped right-of-way boat, this test will now apply to boats sailing downwind overlapped on opposite tacks. ►

The definition Overlap continues to say that the term ‘overlapped’ applies to boats on opposite tacks when rule 18 applies or both boats are sailing more than ninety degrees from the true wind. ►

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Definition Keep Clear

A boat keeps clear of a right-of-way boat … (b) when the boats are overlapped, if the right-of-way boat can also change course in both directions without immediately making contact. ►

Red, on port tack, passes the first part of the keep-clear test, because Green on starboard tack can sail her course with no need to take avoiding action. ►

Red was previously not affected by the second part of the test, as it applied only to same-tack boats. ►

Red may now fail the second part of the test, as it now applies to any downwind overlap situation. So Red must keep further away from Green. The same is true for opposite-tack situations if rule 18 also applies between them. ►

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Definition Mark

This used to say …an object attached temporarily or accidentally to a mark is not part of it.

There were disagreements over the meaning of ‘temporarily’. ►

The highlighted words have been removed, and the definition now says:

…an object attached accidentally to a mark is not part of it. ►

The intention is to make it clearer that committee boats may attach RIBs and other devices to themselves to protect against damage from boats that are starting. ►

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The definition Room is now:

The space a boat needs in the existing conditions, including space to comply with her obligations under the rules of Part 2 and rule 31, while manoeuvring promptly in a seamanlike way. ►

Here are some examples of the effect of the new words that are underscored here (which do not change the game, but rather make explicit what was implicit and only explained in cases). ►

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Definition Room

The space a boat needs …to comply with her obligations under the rules of Part 2…

This frequently concerns ‘three-boat’ situations.

Green is an obstruction to Yellow, but not to Blue or Red. ►

Blue must give Yellow room under rule 19 to pass Green. ►

Red must give Blue space for Blue to comply with that Part 2 obligation. ►

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Definition Room

The space a boat needs …to comply with her obligations under the rules of Part 2…

This frequently concerns ‘three-boat’ situations.

If they were overlapped at zone entry, Yellow must give mark-room to Red. ►

Blue must give Yellow space to comply with that Part 2 obligation. ►

Nothing new, just clearer ►

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Definition Room

The space a boat needs …to comply with her obligations under the rules of Part 2… ►

Other examples include:

- Under rule 23, space that one boat must give to a second boat to avoid a third boat that is capsized, anchored, aground or giving help. ►

- Under rule 24, space that one boat that has right of way but is not racing must give to a second boat required to keep clear but also not racing, so as not to interfere with a third boat that is racing. ►

- Under rule 24, space that one boat that has right of way but is not sailing a proper course must give to a second boat required to keep clear but also not sailing a proper course, so as not to interfere with a third boat that is taking a penalty or sailing on another leg. ►

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Definition Room

The space a boat needs …to comply with her obligations … under rule 31 ►

If they were overlapped at zone entry, Yellow must give Red space to avoid touching the mark. ►

Nothing new, just clearer. ►

It is not the definition that creates an obligation to give room to avoid touching a mark – it will be rule 18. ►

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Definition Mark-Room

This is largely new, but it is not aimed at changing the game – it is an example of trying to find the words to say unambiguously what most people understand to be how mark-rounding should operate when rule 18 requires mark-room to be given. The definition comprises: ►

- In all cases, room (as redefined) to leave a mark on the required side ►

- In some cases, room (as redefined) to ‘sail to the mark’ ►

- When necessary, room (as redefined) to round the mark ►

- Room (as redefined) to tack at a mark in some situations, which are slightly more restrictive than before ►

We can look at those components in more detail.. ►

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Definition Mark-Room

Room for a boat to leave a mark on the required side…

This is self-evident. It harmonises with the redefinition of Room to include room for a boat to comply with rule 31. ►

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Definition Mark-Room

Also, (a) room to sail to the mark when her proper course is to sail close to it… ►

If they were overlapped at zone entry, Yellow must give room to Red to sail to the mark. ►

Nothing new. ►

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Definition Mark-Room

Also, (a) room to sail to the mark when her proper course is to sail close to it…

If they were overlapped at zone entry, Yellow’s proper course is not to sail to the mark, because of the presence of Red. ►

It is now clearer that Blue cannot pretend that Red is not there. She must give room for two, not just for one. ►

Blue must not squeeze Yellow. Instead, as we have already seen, Blue must give Yellow room to meet her Part 2 obligation to give room to Red, and room for Red to avoid touching the mark. ►

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Definition Mark-Room

Also, (a) room to sail to the mark when her proper course is to sail close to it… ►

Note that the obligation is to give room to sail to the mark, not room to sail a proper course. Consider boat with high gybing angles. ►

Red’s proper course may be to carry on to her right gybing angle for the mark. ►

However, all that Green is require to give her is room to sail to the mark, because Red’s proper course is to sail close to it. ►

Green must bear away now, to give room for Red to sail directly to the mark. ►

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Definition Mark-Room

And, (b) room to round the mark as necessary to sail the course. ►

This replaces ‘room to sail a proper course while at the mark’. ►

This makes clear that the room to be given at the mark is the space for seamanlike manoeuvring, but not (if greater) the space for an inside boat or a boat ahead to sail the course round the mark that will get her quickest to the finishing line. ►

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Definition Mark-Room

However, mark-room does not include room to tack unless she is overlapped inside and to windward of he boat required to give mark-room and she would be fetching the mark after her tack.

Yellow must give Blue room to tack. ►

Nothing new. ►

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Definition Mark-Room

However, mark-room does not include room to tack unless she is overlapped inside and to windward of he boat required to give mark-room and she would be fetching the mark after her tack.

Blue is not entitled to room to tack from Yellow, as Blue would not be fetching the mark after her tack. It’s a clarification. ►

Definition Fetching (unchanged)

A a boat is fetching a mark when she is in a position to pass to windward of it and leave it on the required side without changing tack. ►

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PART 1, FUNDAMENTAL RULES

There is no change ►

PART 2, WHEN BOATS MEET

Section A, RIGHT OF WAY

There is a small clarification in the preamble to section A, which now says that:

A boat has right of way over another boat when the other boat is required to keep clear of her…

(Previously, ‘A boat has right of way when another boat is required…’) ►

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PART 2, WHEN BOATS MEET

SECTION B, GENERAL LIMITATIONS

Rule 14, AVOIDING CONTACT

Rule 14(b) is changed from

(b) shall not be penalized under this rule unless there is contact that causes damage or injury.

to

(b) shall be exonerated if she breaks this rule and the contact does not cause damage or injury. ►

This brings rule 14 into line with instant exonerations not requiring a hearing under Section C rules and removes an inconsistency with the fundamental obligation to retire or rotate when a boat breaks a rule. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

In the preamble to Section C, the following sentence no longer appears: When rule 20 applies, rules 18 and 19 do not.

That is because, when rule 20 begins to apply when a boat hails for room to tack, the response required implicitly disapplies rule 19, Room to Pass an Obstruction – so it does not need saying.

There is a potential conflict between rule 20, Room to Tack at an Obstruction, and rule 18.2, as discussed under rule 20, which resolves the conflict.

Also, all exonerations under Section C now lie in a new rule 21, Exoneration. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

There is a new rule 18.2 (c)(2), which clarifies that, when a boat is required to give mark-room by rule 18.2(b) because of their positions when entering the zone – If she becomes overlapped inside the boat entitled to mark-room, she shall also give that boat room to sail her proper course while they remain overlapped. ►

So when a boat gets a too-late inside overlap, she must not only give the other boat space to sail to the mark, but also (if different) space to sail as near the mark as she wants – and if the boat entitled to mark-room does squeeze the barger out, rule 21, Exoneration will exonerate almost all other rules she breaks in so doing, except rule 14, Avoiding Contact when there is contact resulting in damage or injury. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 18.2(e) tells us that a boat is not required to give mark-room to an inside overlapped boat when she is unable to do so. Previously, this applied only to a inside overlap from clear astern (usually gained near the zone inside one of several overlapped boats that were all previously ahead).

It now also applies at a windward mark, when one boat tacks into a windward inside overlap, and the leeward boat is unable to give mark-room. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 18.3 is retitled Tacking in the Zone, and its wording is simplified.

There is a small game change. The rule used to apply when a boat changes tack and as a result is subject to rule 13 in the zone (when the other is fetching the mark).

The rule now applies when a boat in the zone passes head to wind and is then on the same tack (as a boat that is fetching the mark).

So now some part of a boat must be in the zone before changing tack in order to switch on rule 18.3. However, the reduction of distance from the mark at which a tack will switch on rule 18.3 must be very small. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 18.3(a) used to tell the boat that tacked not to cause the other boat to sail above close-hauled to avoid her.

It now says that she shall not cause the other boat to sail above close-hauled to avoid contact.

The ‘other boat’ could be the windward of two same-tack boats, responding to the presence of the boat to leeward. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 20, ROOM TO TACK AT AN OBSTRUCTION

The rule is rewritten into a more logical order. It says explicitly that a boat hailed for room to tack must respond, even if the hailing boat hailed when she was not entitled to do so – it is an issue to be resolved by penalty turns or a protest. ►

When three or more boats are involved, and the boat that is leeward or clear ahead hails for room to tack, the nearest boat herself acquires the right for room to carry out her tack by hailing the next boat for room to tack, even if she was not yet at sufficient proximity to the obstruction to entitle her to hail if she had not been hailed. The rule title says it all – 20.3, Passing on a Hail to an Additional Boat. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 20, ROOM TO TACK AT AN OBSTRUCTION

Room atthe mark!

No, room totack!

Rule 20 conflicts with rule 18 only when two port-tack boats approach a starboard-tack boat at a port-hand windward mark. ►

Rule 20.2(e) says that from the time a boat hails until she has tacked and avoided the hailed boat, rule 18.2 does not apply between them.

Blue must give room for Yellow to tack and avoid Blue (and Green). ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 21, EXONERATION

This new rule combines all the exonerations previously set out separately in rules 18 and 20.

It adds exoneration for breaking rule 31, Touching a Mark, when compelled to hit a mark because mark-room was wrongfully denied. ►

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PART 2, WHEN BOATS MEET

SECTION C, AT MARKS AND OBSTRUCTIONS

Rule 21, EXONERATION

Rule 21 also adds an exoneration when rule 19 applies at an obstruction, for a boat is sailing within the room to which she is entitled, if, in an incident with the boat required to give her that room, she breaks a rule of Section A, rule 15 or rule 16.

So when room is not given, the inside boat can decide not to keep clear of the outside boat - or even to touch the outside boat rather than the obstruction.

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PART 2, WHEN BOATS MEET

Section C, AT MARKS AND OBSTRUCTIONS

Rule 21, EXONERATION

Note that rule 14 is not listed as one of the rules giving rise to exoneration under rule 21. Rule 14(b) may give exoneration, but not if damage or injury results.

In that case, exoneration may still be granted by a protest committee under rule 64.1(a), Decisions: Penalties and Exoneration when the boat was compelled to break rule 14. ►

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PART 2, WHEN BOATS MEET

SECTION D, OTHER RULES

Because of the new rule 21, Exoneration, rules 21, 22 and 23 are renumbered to rules 22, 23 and 24.

Rule 22.3 now makes clear that is only when moving astern through the water by backing a sail that the boat must keep clear of one that is not.

So the rule will apply even if, because of a strong current, she is still moving ahead with respect to the ground. ►

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PART 3, CONDUCT OF A RACE

Rule 28, Sailing the Course is rewritten, mainly for clarity.

There are two important changes. ►

Rule 28 now says that a boat may correct errors to comply with this rule, provided that she has not finished.

(However, the definition Finish opens the door for a boat to correct her course by continuing to sail it after crossing the finishing line). ►

Secondly, the string test now starts to apply to a boat when she beings to approach the starting line from its pre-start side to start, rather than when she starts.

This may increase the possibility that a starting limit mark laid on the pre-course side of the starting line must be respected. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

Despite the Part’s title, its preamble now says that new rule 55, Trash Disposal applies at all times when boats are on the water. ►

RULE 41, OUTSIDE HELP

Rule 41(a) now allows help for a crew member who is ill, injured or in danger. This is moderated by an additional clause:

However, a boat that receives a significant advantage in the race from help received under rule 41(a) may be protested and penalized: any penalty may be less than disqualification.

Rule 41(b) permits help, after a collision, from the crew of the other vessel to get clear. Previously, it said ‘from the crew of the other boat’ This makes clear that it does not matter whether the other is racing or not (see Terminology in the Introduction). ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

RULE 42, PROPULSION

Rule 42.3(c), Exceptions, has changed the meaning of Surfing to:

Rapidly accelerating down the front of a wave

This is because the direction of the wave may not be to leeward – for instance a wave created by a passing vessel.

However, pumping to surf down a wave would still not be permitted on a beat to windward, because the rule says so. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

RULE 42, PROPULSION

Rule 42.3(c), Exceptions, now makes clear that a sail may be pulled in only once per wave or gust to plane or surf, as opposed to sequential pulling of sheet and guy. The means of pulling the sail is not specified, so it could include a gybing line. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

RULE 42, PROPULSION

New rule 42.3(e) is inserted, to allow pumping to ‘uninvert’ an inverted batten, unless this clearly propels the boat.

The next two exceptions are relettered. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

RULE 42, PROPULSION

Rule 42.3(h) copies rule 41(b) in referring to a collision with another vessel, rather than another boat.

Rule 42.3(h) also makes clear that rule 42.3(i) allows an exception to be made to rule 42.3(h)’s prohibition of the use of an engine for getting clear after grounding or collision.

(Rule 42.3(i) continues to allow the sailing instructions to permit the use of engine propulsion in stated circumstances, which could include getting clear after grounding or collision.) ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

RULE 44.1, PENALTIES AT THE TIME OF AN INCIDENT: Taking a Penalty

It is now clearer that, when the sailing instructions specify the Scoring Penalty or some other penalty, this replaces the One-Turn or Two-Turns Penalty.

It is now clearer that the question of whether a boat gained a significant advantage by breaking a rule (thus requiring her to retire) is not tested until after a boat has taken a penalty at the time of the incident. So a boat need not retire if a significant advantage from breaking rule was temporary, because she no longer had it after she had spun. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

Rule 48, FOG SIGNALS AND LIGHTS; TRAFFIC SEPARATION SCHEMES

New rule 48.2 says that a boat shall comply with rule 10, Traffic Separation Schemes, of the IRPCAS.

The rule title reflects this addition.

Race committees for coastal and oceanic races should consider the implications of a course that goes close to a TSS. RYA guidance is that making the whole of the TSS (excluding any inshore zone) a prohibited area may be best. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

Rule 49.2’s title is now CREW POSITION; LIFELINES. The addition of lifelines to the title draws attention to a significant change. The torso rule applies in all cases when there is an upper and lower lifeline (as opposed previously only when they were of wire): and, if class rules do not specify the material or minimum diameter of lifelines, they shall comply with the corresponding specifications in the ISAF Offshore Special Regulations.

This may require prompt attention in the rules of some classes. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

Rule 50.4, Headsails is redrafted, but the RYA still overrides this with its own prescription. ►

Rule 52, Manual Power refers to the power provided by the crew, in place of manual power. This will permit pedal power, and, perhaps, stored energy derived from physical effort. ►

Finally in Part 4, as previously noted, new rule 55, Trash Disposal says that a competitor shall not intentionally put trash in the water. Despite this rule’s association with a general statement and new fundamental principle, it can be changed by sailing instructions, which might be useful to clarify the use of rubber bands or wool for banding spinnakers. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

SECTION A, PROTESTS; REDRESS; RULE 69 ACTION

Rule 60.1, Right to Protest now says that a boat cannot protest under rule 31, Touching a Mark, unless she saw the incident. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

SECTION A, PROTESTS; REDRESS; RULE 69 ACTION

Rule 61.1(a), INFORMING THE PROTESTEE

The words ‘When her protest concerns an incident in the racing area’ are changed to ‘When her protest will concern an incident in the racing area’.

This makes clearer that the protest is what will later be written on the protest form. The hail is evidence of an intention to do so. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

SECTION A, PROTESTS; REDRESS; RULE 69 ACTION

Rule 61.1(a), INFORMING THE PROTESTEE

New rule 61.1(a)(3) makes a rule of an ISAF Case.

If the incident was an error by the other boat in sailing the course, she need not hail or display a red flag but she shall inform the other boat before that boat finishes or at the first reasonable opportunity after she finishes.

So the notification can be by hailing and flagging at the time the other boat is seen to have made an error, or by hailing alone at that time, or by later notification, and a protest intention that is notified after the other boat finishes is valid even if it could have been made before. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

SECTION A, PROTESTS; REDRESS; RULE 69 ACTION

Rule 61.1(a), INFORMING THE PROTESTEE

The new rule 61.1(a)(3) just discussed means that the former rule 61.1(a)(3) concerning incidents resulting in damage or injury is now rule 61.1(a)(4).

Rule 61.1(b) has new words without a change to the meaning, to correct the tenses, and a similar minor tense correction is made to rule 61.3, Protest Time Limit. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 62.1, REDRESS

The basis for redress is clarified to be…that a boat’s score in a race or series has been OR MAY BE, through not fault of her own, made significantly worse…

This reflects the fact that the full scoring impact of what has happened may not be fully clear until later in a series. ►

The bodies whose improper actions or omissions can lead to redress now include the equipment inspection committee or measurement committee for the event.

As with a protest committee, this might be a single person, but it or they must be appointed to carry out those functions at the event. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 62.2, REDRESS

The rule now makes clear that a request for redress must ‘identify the reason for making it.’

The time limit for delivering the written request to the race office is clearer – for an incident in the racing area, it remains the later of the protest time limit or two hours after the incident. ►

For other requests, it is ‘as soon as reasonably possible after learning of the reasons for making the request.’

That could apply to a scoring error that might not be learned of for some days after the race in question. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 69, Allegations of Gross Misconduct has been substantially revised. Rule 69.1(a) now for the first time places a positive responsibility on competitors:

A competitor shall not commit gross misconduct, including a gross breach of a rule, good manners or sportsmanship, or conduct bringing the sport into disrepute. Throughout rule 69, ‘competitor’ means a member of the crew, or the owner, of a boat. ►

There is a new ‘standard of proof’ in rule 69.2 hearings – has it been established to the comfortable satisfaction of the protest committee, bearing in mind the seriousness of the alleged misconduct, that the competitor has broken rule 69.1(a)? (A national prescription could change this if it conflicts with national law – the RYA has not made one). ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 70.1(b), APPEALS AND REQUESTS TO A NATIONAL AUTHORITY

This says that

A boat may appeal when she is denied a hearing required by rule 63.1.

(i.e., she was denied the normal hearing of a protest or request). ►

Rule 71.2, National Authority Decisions now also says that

When the national authority decides that there shall be a new hearing, it may appoint the protest committee. ►

Both of these changes arose from RYA submissions reflecting current RYA practice. ►

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PART 6, ENTRY AND QUALIFICATION

Also based on an RYA submission reflecting RYA practice, in rule 76.1, Exclusion of Boats or Competitors there are added rights for excluded competitors and for boats whose entry has been rejected:

On request, the boat shall promptly be given the reason in writing. The boat may request redress if she considers that the rejection or exclusion is improper. ►

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PART 6, ENTRY AND QUALIFICATION

Rule 81 rewritten, with references to Rescheduled Races replaced with Rescheduled Event. This may slightly reduce the application of the rule.

Rule 81, RESCHEDULED EVENT

When an event is rescheduled to dates different from the dates stated in the notice of race, all boats entered shall be notified. The race committee may accept new entries that meet all the entry requirements except the original deadline for entries. ►

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APPENDIX M, RECOMMENDATION FOR PROTEST COMMITTEES

M4.2 gives guidance on what is ‘new evidence’ in connection rule 66, Reopening a Hearing.

Evidence is ‘new’

• if it was not reasonably possible for the party to asking for the reopening to have discovered the evidence before the original hearing,

• if the protest committee is satisfied that before the original hearing the evidence was diligently but unsuccessfully sought by the party asking for the reopening, or

• if the protest committee learns from any source that the evidence was not available to the parties at the time of the original hearing.

(This clarification arose from an RYA submission) ►

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RYA PRESCRIPTIONS

The words underscored here were added to the prescription to what is now rule 67, Damages in 2012:

Any issue of liability or claim for damages…. ►

The prescription to rule 76, Exclusion of Boats or Competitors is deleted, since the rule has been changed. ►

The submission to rule R2.1, Submission of Appeal is simplified. A new rule R2.4 is added by prescription:

If the appellant does not comply with rule R2.1 as prescribed or the protest committee does not comply with rule R2.3, the RYA will refuse to hear the appeal unless there are exceptional circumstances. If other parties to the protest or the protest committee do not meet the requirements of the procedure, the RYA may decide the appeal as it sees fit. ►

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THAT’S IT!

THANK YOU FOR YOUR ATTENTION – BEST WISHES FOR

SAFE, SUCCESSFUL AND REWARDING RACING.

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The Full Works

Mainly for Competitors

Mainly for Organizing Authorities and Race Committees

Mainly for Protest Committees

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There are six changes to definitions:

Definition Finish

The words ‘…crosses the finishing line in the direction of the course from the last mark…’ are simplified to crosses the finishing line from the course side. No change of meaning is intended. ►

A third case of a boat that has crossed the finishing line but has not finished is added – where the boat continues to sail the course. This addresses a conceptual difficulty of a course that includes (typically) ‘starting / finishing line’ at the end of each lap. ►

It also deals with a course where the finishing line is away from the rest of the course – e.g., it is laid to windward of the windward mark – and the leading boat miscounts her laps, sails to cross the finishing line too early, realises her mistake and returns to do another lap. ►

What’s New for 2013?

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Definition Mark

This used to say …an object attached temporarily or accidentally to a mark is not part of it.

There were disagreements over the meaning of ‘temporarily’. ►

The highlighted words have been removed, and the definition now says:

…an object attached accidentally to a mark is not part of it. ►

The intention is to make it clearer that committee boats may attach RIBs and other devices to themselves to protect against damage from boats that are starting. ►

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Definition Party

The definition is reordered for clarity, and to make the inspection committee or measurement committee for the event a party to a redress hearing when it is alleged that the committee acted improperly – as we will see under rule 62.1(a), Redress. (A ‘committee’ can be one person.) ►

This does not make the inspection committee or measurement committee for the event a party when there is a protest concerning class rules or personal equipment – even if the protest was made by the race committee under rule 60.2 following a report under rule 43.1(c) or (more commonly) under rule 78.3, by an equipment inspector or measurer for the event. ►

In these cases, the inspector or measurer will be a witness in the race committee’s protest – the race committee is the party. ►

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PART 3, CONDUCT OF A RACE

Rule 25, Notice of Race, Sailing Instructions and Signals is divided for clarity.

New rule 25.3 says that a race committee may display a visual signal by using either a flag or other object of a similar appearance.

So boards can be used instead of flags, even when a rule (as do many rules in Part 3) refers to a flag.

This removes the need for rule 33 to specify a board. ►

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PART 3, CONDUCT OF A RACE

Rule 28, Sailing the Course is rewritten, mainly for clarity.

There are two important changes. ►

Rule 28 now says that a boat may correct errors to comply with this rule, provided that she has not finished.

(However, the definition Finish opens the door for a boat to correct her course by continuing to sail it after crossing the finishing line). ►

Secondly, the string test now starts to apply to a boat when she beings to approach the starting line from its pre-start side to start, rather than when she starts.

This may increase the possibility that a starting limit mark laid on the pre-course side of the starting line must be respected. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

RULE 42, PROPULSION

Rule 42.3(h) copies rule 41(b) in referring to a collision with another vessel, rather than another boat.

Rule 42.3(h) also makes clear that rule 42.3(i) allows an exception to be made to rule 42.3(h)’s prohibition of the use of an engine for getting clear after grounding or collision.

(Rule 42.3(i) continues to allow the sailing instructions to permit the use of engine propulsion in stated circumstances, which could include getting clear after grounding or collision.) ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

Rule 48, FOG SIGNALS AND LIGHTS; TRAFFIC SEPARATION SCHEMES

New rule 48.2 says that a boat shall comply with rule 10, Traffic Separation Schemes, of the IRPCAS.

The rule title reflects this addition.

Race committees for coastal and oceanic races should consider the implications of a course that goes close to a TSS. RYA guidance is that making the whole of the TSS (excluding any inshore zone) a prohibited area may be best. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

Rule 49.2’s title is now CREW POSITION; LIFELINES. The addition of lifelines to the title draws attention to a significant change. The torso rule applies in all cases when there is an upper and lower lifeline (as opposed previously only when they were of wire): and, if class rules do not specify the material or minimum diameter of lifelines, they shall comply with the corresponding specifications in the ISAF Offshore Special Regulations.

This may require prompt attention in the rules of some classes. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 62.1, REDRESS

The basis for redress is clarified to be…that a boat’s score in a race or series has been OR MAY BE, through not fault of her own, made significantly worse…

This reflects the fact that the full scoring impact of what has happened may not be fully clear until later in a series. ►

The bodies whose improper actions or omissions can lead to redress now include the equipment inspection committee or measurement committee for the event.

As with a protest committee, this might be a single person, but it or they must be appointed to carry out those functions at the event. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

The old rule 67 concerning hearings and penalties for breaking rule 42 has been deleted, since it had been overtaken by the procedures and penalties in Appendix P, Special Procedures for Rule 42.

What had been rule 68, Damages is now rule 67, and there is no longer any rule 68. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 69, Allegations of Gross Misconduct has been substantially revised. Rule 69.1(a) now for the first time places a positive responsibility on competitors:

A competitor shall not commit gross misconduct, including a gross breach of a rule, good manners or sportsmanship, or conduct bringing the sport into disrepute. Throughout rule 69, ‘competitor’ means a member of the crew, or the owner, of a boat. ►

There is a new ‘standard of proof’ in rule 69.2 hearings – has it been established to the comfortable satisfaction of the protest committee, bearing in mind the seriousness of the alleged misconduct, that the competitor has broken rule 69.1(a)? (A national prescription could change this if it conflicts with national law – the RYA has not made one). ►

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PART 6, ENTRY AND QUALIFICATION

Also based on an RYA submission reflecting RYA practice, in rule 76.1, Exclusion of Boats or Competitors there are added rights for excluded competitors and for boats whose entry has been rejected:

On request, the boat shall promptly be given the reason in writing. The boat may request redress if she considers that the rejection or exclusion is improper. ►

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PART 6, ENTRY AND QUALIFICATION

Rule 78, COMPLIANCE WITH CLASS RULES; CERTIFICATES

The rule is modified to take account of the fact that certificates are not always issued in paper form, but are held electronically. The rule therefore talks of the verification of a certificate’s existence being equally as valid as its production. ►

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PART 6, ENTRY AND QUALIFICATION

Rule 81 rewritten, with references to Rescheduled Races replaced with Rescheduled Event. This may slightly reduce the application of the rule.

Rule 81, RESCHEDULED EVENT

When an event is rescheduled to dates different from the dates stated in the notice of race, all boats entered shall be notified. The race committee may accept new entries that meet all the entry requirements except the original deadline for entries. ►

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PART 7, RACE ORGANIZATION

The option in rule 86.1(b) to vary the size of the zone of a mark from three to two or four lengths is deleted. All zones are therefore of three hull lengths of the nearer boat, and this cannot be changed. ►

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PART 7, RACE ORGANIZATION

Rule 89.1, ORGANIZING AUTHORITY

The following continue to be acceptable organizing authorities:

- The ISAF, a member national authority of the ISAF (e.g., the RYA), an affiliated club.

There are then newly defined bodies:

(d) an affiliated organization other than a club and, if so prescribed by the national authority, with the approval of the national authority or in conjunction with an affiliated club;

This would include a class association affiliated to the national authority. It could also be an affiliated commercial concern. The RYA does not prescribe to this rule. ►

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PART 7, RACE ORGANIZATION

Rule 89.1, ORGANIZING AUTHORITY (Cont’d)

(e) an unaffiliated class association, either with the approval of the national authority or in conjunction with an affiliated club.

(f) two or more of the above organizations (i.e., ISAF, RYA, affiliated club, other affiliated organization, unaffiliated class association.

The rule continues to allow the following to be organizing authorities

(g) an unaffiliated body in conjunction with an affiliated club where the body is owned and controlled by the club…

(f) if approved by the ISAF and the national authority of the club, an unaffiliated body in conjunction with an affiliated club where the body is not owned or controlled by the club. ►

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PART 7, RACE ORGANIZATION

Rule 89.1, ORGANIZING AUTHORITY

The rule goes on to clarify affiliation:

In rule 89.1, an organization is affiliated if it is affiliated to the national authority of the venue; otherwise the organization is not affiliated.

However, if boats will pass through the waters of more than one national authority while racing, an organization is affiliated if it is affiliated to the national authority of one of the ports of call. ►

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PART 7, RACE ORGANIZATION

Rule 90.3, SCORING

(c) When the race committee determines from its own records or observations that it has scored a boat incorrectly, it shall correct the error and make the corrected scores available to the competitors.

This new rule simplifies things for those race committees that thought that this might require some sort of hearing. ►

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APPENDIX A, SCORING

The Bonus Point System of scoring has been removed. Therefore, in order to use it, sailing instructions must specify it in full (keep the old rule book as a reference).

In A11, Scoring Abbreviations, RAF (Retired after finishing) no longer appears, and RET (Retired) returns after a long absence (but DNF remains). DPI (Discretionary penalty Imposed) is added. ►

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APPENDIX J, NOTICE OF RACE AND SAILING INSTRUCTIONS

There is a revised RYA Addendum A which recommends a strengthened replacement for the ISAF-recommended Disclaimers of Liability wording in para 20 of the Notice of Race Guide ( Appendix K) and in para 29 of the Sailing Instructions Guide (Appendix L).

The recommended strengthened text (on page 115 of RY1, the RYA version of the Racing Rules) is to be described as a ‘Risk Statement’.

Organizing authorities need to review 2013 Notices of Race, and ‘before using these clauses … are recommended to:

- conduct a risk assessment…

- consider whether appropriate safety measures have been taken…

- consider whether the suggested clauses are right for the event.’

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APPENDIX L, SAILING INSTRUCTIONS GUIDE

L 5.4 now reads:

To alert boats that a race or sequence of races will begin soon, the orange starting line flag will be displayed with one sound at least five minutes before a warning signal is made.

The changes to this recommended sailing instruction are:

- the procedure is for general use, not just after a postponement

- the orange flag is clarified to be the flag used to identify one end of the starting line

- the time interval moves from at least four minutes to at least five minutes before the warning signal. ►

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APPENDIX L, SAILING INSTRUCTIONS GUIDE

L11.5 offers an alternative to rule 30.3, Black Flag Rule.

In it, there is no disqualification without a hearing if there is a general recall or the race is abandoned after the starting signal. Flag U is specified as the preparatory signal for this. Disqualification without a hearing will apply to boats on the course in the only last minute of a race that starts and is completed. ►

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APPENDIX L, SAILING INSTRUCTIONS GUIDE

The suggested wording in L16.2 for the protest time limit includes saying that the time will also run from the race committee signalling no more racing today, if that is later than the time the last boat finishes the last race of the day.

This addresses the situation when boats are held afloat while the race committee unsuccessfully tries to get another race started – so if AP over A is then displayed, this may already be several hours after the end of what is now the last race of the day. ►

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RYA PRESCRIPTIONS

The words underscored here were added to the prescription to what is now rule 67, Damages in 2012:

Any issue of liability or claim for damages…. ►

The prescription to rule 76, Exclusion of Boats or Competitors is deleted, since the rule has been changed. ►

The submission to rule R2.1, Submission of Appeal is simplified. A new rule R2.4 is added by prescription:

If the appellant does not comply with rule R2.1 as prescribed or the protest committee does not comply with rule R2.3, the RYA will refuse to hear the appeal unless there are exceptional circumstances. If other parties to the protest or the protest committee do not meet the requirements of the procedure, the RYA may decide the appeal as it sees fit. ►

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THAT’S IT!

THANK YOU FOR YOUR ATTENTION – BEST WISHES FOR

SAFE, SUCCESSFUL AND REWARDING RACING.

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The Full Works

Mainly for Competitors

Mainly for Organizing Authorities and Race Committees

Mainly for Protest Committees

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There is a new general statement at the start of the rules:

‘As the leading authority for the sport, the International Sailing Federation promotes and supports the protection of the environment in all sailing competitions and related activities throughout the world.’ ►

There is a new Basic Principle:

ENVIRONMENT RESPONSIBILITY

Participants are encouraged to minimise any adverse environmental impact of the sport of sailing. ►

There is a new rule that applies at all times when boats are on the water:

55 TRASH DISPOSAL

A competitor shall not intentionally put trash in the water. ►

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CONTENTS

There is an index of ISAF online rules documents

The RYA has added in YR1 (the RYA version of the rule book) a statement explaining the status of the Equipment Rules of Sailing ►

There is a new kiteboarding Appendix F, and old Appendix F, Procedures for Appeals and Requests becomes Appendix R ►

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INTRODUCTION

In Terminology, a ‘vessel’ is clarified to mean any boat or ship. Excluding appendices, the word vessel is used in: ►

-The definition Obstruction

- Rule 1.1, Helping Those in Danger

- Rule 23, Capsized, Anchored or Aground; Rescuing

- The preamble to Part 2

- Rule 41(b), Outside Help

- Rule 42.3(g), Propulsion

- Rule 42.3(h), Propulsion

- Rule 47.2, Limitations on Equipment and Crew

- Rule 62.1(b), Redress ►

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PART 2, WHEN BOATS MEET

SECTION B, GENERAL LIMITATIONS

Rule 14, AVOIDING CONTACT

Rule 14(b) is changed from

(b) shall not be penalized under this rule unless there is contact that causes damage or injury.

to

(b) shall be exonerated if she breaks this rule and the contact does not cause damage or injury. ►

This brings rule 14 into line with instant exonerations not requiring a hearing under Section C rules and removes an inconsistency with the fundamental obligation to retire or rotate when a boat breaks a rule. ►

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PART 4, OTHER REQUIREMENTS WHEN RACING

Rule 48, FOG SIGNALS AND LIGHTS; TRAFFIC SEPARATION SCHEMES

New rule 48.2 says that a boat shall comply with rule 10, Traffic Separation Schemes, of the IRPCAS.

The rule title reflects this addition.

Race committees for coastal and oceanic races should consider the implications of a course that goes close to a TSS. RYA guidance is that making the whole of the TSS (excluding any inshore zone) a prohibited area may be best. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

SECTION A, PROTESTS; REDRESS; RULE 69 ACTION

Rule 60.1, Right to Protest now says that a boat cannot protest under rule 31, Touching a Mark, unless she saw the incident. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

SECTION A, PROTESTS; REDRESS; RULE 69 ACTION

Rule 61.1(a), INFORMING THE PROTESTEE

The words ‘When her protest concerns an incident in the racing area’ are changed to ‘When her protest will concern an incident in the racing area’.

This makes clearer that the protest is what will later be written on the protest form. The hail is evidence of an intention to do so. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

SECTION A, PROTESTS; REDRESS; RULE 69 ACTION

Rule 61.1(a), INFORMING THE PROTESTEE

New rule 61.1(a)(3) makes a rule of an ISAF Case.

If the incident was an error by the other boat in sailing the course, she need not hail or display a red flag but she shall inform the other boat before that boat finishes or at the first reasonable opportunity after she finishes.

So the notification can be by hailing and flagging at the time the other boat is seen to have made an error, or by hailing alone at that time, or by later notification, and a protest intention that is notified after the other boat finishes is valid even if it could have been made before. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

SECTION A, PROTESTS; REDRESS; RULE 69 ACTION

Rule 61.1(a), INFORMING THE PROTESTEE

The new rule 61.1(a)(3) just discussed means that the former rule 61.1(a)(3) concerning incidents resulting in damage or injury is now rule 61.1(a)(4).

Rule 61.1(b) has new words without a change to the meaning, to correct the tenses, and a similar minor tense correction is made to rule 61.3, Protest Time Limit. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 62.1, REDRESS

The basis for redress is clarified to be…that a boat’s score in a race or series has been OR MAY BE, through not fault of her own, made significantly worse…

This reflects the fact that the full scoring impact of what has happened may not be fully clear until later in a series. ►

The bodies whose improper actions or omissions can lead to redress now include the equipment inspection committee or measurement committee for the event.

As with a protest committee, this might be a single person, but it or they must be appointed to carry out those functions at the event. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 62.2, REDRESS

The rule now makes clear that a request for redress must ‘identify the reason for making it.’

The time limit for delivering the written request to the race office is clearer – for an incident in the racing area, it remains the later of the protest time limit or two hours after the incident. ►

For other requests, it is ‘as soon as reasonably possible after learning of the reasons for making the request.’

That could apply to a scoring error that might not be learned of for some days after the race in question. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 63.6, TAKING EVIDENCE AND FINDING FACTS

The position of a protest committee member who saw the incident is clarified.

A member of the protest committee who saw the incident shall, while the parties are present, state that fact and may give evidence.

Note that the statement must be made even if the protest committee member has no useful evidence to offer. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 64.1, DECISIONS: PENALTIES AND EXONERATION

The contents of the rule have been reordered and reworded. A new rule 64.1(c) says that, if the race is restarted or resailed, rule 36 applies.

That is just a reminder. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 64.3, DECISIONS ON PROTESTS CONCERNING CLASS RULES

This is a new title – it was previously Decisions on Measurement Protests.

This may have expanded the scope of the rule a little, since class rules address more than measurement issues.

The rule itself has references to measurement replaced with references to class rules. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

The old rule 67 concerning hearings and penalties for breaking rule 42 has been deleted, since it had been overtaken by the procedures and penalties in Appendix P, Special Procedures for Rule 42.

What had been rule 68, Damages is now rule 67, and there is no longer any rule 68. ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 69, Allegations of Gross Misconduct has been substantially revised. Rule 69.1(a) now for the first time places a positive responsibility on competitors:

A competitor shall not commit gross misconduct, including a gross breach of a rule, good manners or sportsmanship, or conduct bringing the sport into disrepute. Throughout rule 69, ‘competitor’ means a member of the crew, or the owner, of a boat. ►

There is a new ‘standard of proof’ in rule 69.2 hearings – has it been established to the comfortable satisfaction of the protest committee, bearing in mind the seriousness of the alleged misconduct, that the competitor has broken rule 69.1(a)? (A national prescription could change this if it conflicts with national law – the RYA has not made one). ►

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PART 5, PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS

Rule 70.1(b), APPEALS AND REQUESTS TO A NATIONAL AUTHORITY

This says that

A boat may appeal when she is denied a hearing required by rule 63.1.

(i.e., she was denied the normal hearing of a protest or request). ►

Rule 71.2, National Authority Decisions now also says that

When the national authority decides that there shall be a new hearing, it may appoint the protest committee. ►

Both of these changes arose from RYA submissions reflecting current RYA practice. ►

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PART 7, RACE ORGANIZATION

Rule 90.3, SCORING

(c) When the race committee determines from its own records or observations that it has scored a boat incorrectly, it shall correct the error and make the corrected scores available to the competitors.

This new rule simplifies things for those race committees that thought that this might require some sort of hearing. ►

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PART 7, RACE ORGANIZATION

Rule 91(b), PROTEST COMMITTEE

The rule is edited to clarify that an international jury shall be composed as required by rule N1 and have the authority and responsibilities stated in rule N1. ►

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APPENDIX L, SAILING INSTRUCTIONS GUIDE

The suggested wording in L16.2 for the protest time limit includes saying that the time will also run from the race committee signalling no more racing today, if that is later than the time the last boat finishes the last race of the day.

This addresses the situation when boats are held afloat while the race committee unsuccessfully tries to get another race started – so if AP over A is then displayed, this may already be several hours after the end of what is now the last race of the day. ►

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APPENDIX M, RECOMMENDATION FOR PROTEST COMMITTEES

M4.2 gives guidance on what is ‘new evidence’ in connection rule 66, Reopening a Hearing.

Evidence is ‘new’

• if it was not reasonably possible for the party to asking for the reopening to have discovered the evidence before the original hearing,

• if the protest committee is satisfied that before the original hearing the evidence was diligently but unsuccessfully sought by the party asking for the reopening, or

• if the protest committee learns from any source that the evidence was not available to the parties at the time of the original hearing.

(This clarification arose from an RYA submission) ►

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APPENDIX R, PROCEDURES FOR APPEALS AND REQUESTS

Rule R2, Submission of Documents now provides for a failure to hold the hearing of a protest or request for redress, and a failure to provide a potential appellant with a copy of the decision.

Rule R4 is now titled Comments and Clarifications, reflecting the fact that new rule R4.3 entitles the national authority to seek clarifications of rules governing the event from organizations that are not parties to the hearing.

These will include class associations and rating authorities. Unlike a reference to one of those bodies by a protest committee under rule 64.3(b), the answer is not binding on the national authority. ►

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RYA PRESCRIPTIONS

The words underscored here were added to the prescription to what is now rule 67, Damages in 2012:

Any issue of liability or claim for damages…. ►

The prescription to rule 76, Exclusion of Boats or Competitors is deleted, since the rule has been changed. ►

The submission to rule R2.1, Submission of Appeal is simplified. A new rule R2.4 is added by prescription:

If the appellant does not comply with rule R2.1 as prescribed or the protest committee does not comply with rule R2.3, the RYA will refuse to hear the appeal unless there are exceptional circumstances. If other parties to the protest or the protest committee do not meet the requirements of the procedure, the RYA may decide the appeal as it sees fit. ►

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THAT’S IT!

THANK YOU FOR YOUR ATTENTION – BEST WISHES FOR

SAFE, SUCCESSFUL AND REWARDING RACING.

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The Full Works

Mainly for Competitors

Mainly for Organizing Authorities and Race Committees

Mainly for Protest Committees


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