CASE 39

Rule 60, Right to Protest and Request Redress

A race committee is under no obligation to protest a boat.

Summary of the Facts
Throughout a five-race series, A competed with a crew of three. After the last race, B and others jointly protested A, alleging that she had broken a class rule that limited the crew to two. This was the first protest relating to the matter. It was refused because the hulls of the protesting boats were all over 6 m long, but none of the boats displayed a red flag. This decision was appealed on the grounds that the race committee ought, on its own initiative, to have protested A in all the races.

Decision
As provided in rule 63.5, the protest could not be heard because no red flag was displayed as required by rule 61.1(a). To uphold this appeal would amount to a conclusion that a race committee ought to know the class rules of each class, and that it then has an obligation to enforce them when members of the class themselves fail to do so. No such obligation is placed on a race committee and, furthermore, rule 60.2(a) is clearly discretionary. The responsibility for protesting primarily rests with the competitors.
The appeal is dismissed, and the decision of the protest committee is upheld.

CYA 1977/35