Protest Validity

We had some reports from boats of a boat breaking a rule yesterday and some suggestions that the Race Committee do something about it…

The Race Committee can’t protest the boat in this situation, this is the rule that specifies when a Race Committee may protest a boat.

A race committee may
  1. protest a boat, but not as a result of information arising from a request for redress or an invalid protest, or from a report from a person with a conflict of interest other than the representative of the boat herself;
  2. request redress for a boat; or
  3. report to the protest committee requesting action under rule 69.2(b).

As regards the Sydney Hobart and Wild Oats  ABC News Reported the following:

The Race Committee received a report from the owner of Black Jack saying that Wild Oats XI’s automatic identification system (AIS) had not transmitted throughout the race.










So the Jury will be having a look at validity. If it is not valid the Jury shall close the hearing.

If it is found to be a valid hearing, the Jury will have to examine whether the transponder rule in the Sailing Instructions is a valid rule.

Australian Sailing Special Regulations Category 1 apply to the race, but the sailing instructions appear to change the Special Regulation relating to transponders (rather than add an additional safety requirement)

SI 11.4 Changes to Special Regulations

• Special Regulation 4.09 (a): An AIS Transponder shall be carried and be switched on, such that it is receiving and transmitting.

The issue that SI poses is that the Special Regulations cannot be changed without the Approval of Australian Sailing and the wording of the approval must appear in the Notice of Race  – There is no such change in 9.4 of the NOR which contains the changes to the special regulations.

Special Regulation SR 1.01.3
(b) These regulations shall not be varied except with the written approval of Australian Sailing.
(c) Where a variation is approved for an event, the wording of the approval shall be included in the notice of race for the event.

So an interesting hearing down in Hobart