Colin,
This question and Ralph Tingle's reply are very interesting.
Rule A5 states "A boat that did not start, comply with rule 30.2 or 30.3, or
finish, or that takes a penalty under rule 44.3 or retires after finishing
shall be scored accordingly by the race committee without a hearing".
So we have to look at the definitions.
The definition of "finish" is concerned with crossing the line from the
direction of the last mark, taking penalties after hitting marks on the
course or the finish line, and sailing the correct course.
Therefore A5 appears to me to give specific powers to the race committee to
award a DNF without any limitation as to the reason for the boat qualifying
as a DNF, if the committee is aware rule contraventions covered by A5.
Clearly if the committee is unaware of an incident such as a windward mark
hitting then it cannot use those powers and it would be up to others to
protest, but if it is aware then it should. Note that rule A5 states "SHALL
be scored accordingly" so the race officer is compelled to act.
So, I would contend that rule A5 gives licence to, and compels, the race
committee (in the person of the race officer) to award DNC, DNS, OCS, ZFP,
BFD, SCP, DNF and RAF (assuming a retirement is signalled by the boat)
without a hearing. It cannot do this for other scores (ie DSQ, DNE) and
would then have to protest under rule 60.2.
It would be sensible to note a time for the boat anyway just in case there
is a request for redress.
Rule 60.2 does not appear to use the crucial words "cannot" or "must"
anywhere, and seems to me to allow the race committee to initiate a protest
when its powers under A5 are insufficient.
So where does my logic fall down?
Regards,
Cliff
···
-----Original Message-----
From: Sailwave <colin@sailwave.com> [mailto:colin@sailwave.com]
Sent: 13 December 2002 22:51
To: sailwave@yahoogroups.com
Subject: [sailwave] DNF and sailing the course
As I understand it, if a boat does not sail the correct course (say
she skips a mark), the OOD cannot (under the RRS) unilaterally score
the competitor as DNF; they or another competitor has to protest if
the offender does not retire, otherwise there is nothing anybody can
do about it. This is because of the definition of "finishing" in
that a boat can "finish" without sailing the correct course and the
OOD have no 'special powers'. However in club racing it's convenient
and practical in a way for the OOD/scorer to enter DNF. There again,
looking at club racing as practice for bigger events (which is how I
view it), perhaps we shouldn't... Anybody have any thoughts about
this? The RYA/USSA guidelines to Appendix A specifically mention
that the OOD cannot so which is interesting... We seem to have an
unwritten philosophy in our club that 'it is not cool to protest'
which is not going to get any of us to learn the rules or be prepared
for a 'real' protest hearing. I've been to a protest hearing at a
Europeans and it was a fairly intimidating. I view protesting as
simply a part of sailing; I could happily get drunk with somebody
that protested me without feeling resentment... But going full
circle, a protest meeting at our club involves folk giving their
evenings up, so perhaps in this case, which is relatively minor, we
are 'correct' in scoring them as DNF and simply giving them a bit of
stick in the bar...
Regards,
Colin J
www.sailwave.com
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