CASE 66

Rule 64.1(a), Decisions: Penalties and Exoneration
Rule 85, Governing Rules

A race committee may not change, or refuse to implement, the decision of a protest committee, including a decision based on a report from an authority qualified to resolve questions of measurement.

Question
A race committee protests a number of boats, under rule 78, for measurement defects. The protest committee, after a hearing, concludes that it is satisfied that there is reasonable doubt about the interpretation or application of the relevant class rules. Acting under rule 64.3(b), it refers the matter to the class association, as being the appropriate authority qualified to resolve such questions. The class association reports that all the boats concerned have broken a class rule, and the protest committee, accepting the report, disqualifies the boats. The race committee then refuses to implement these decisions because it alleges that for various reasons they are unfair.

May the race committee change or decide not to implement the decisions of a protest committee, whether or not these decisions are based on a report made under rule 64.3(b)? If not, who may take what action?

Answer
No. Rule 85 states that the race committee shall be governed by the rules. A race committee has no jurisdiction over a protest committee and is not entitled to change or refuse to implement any decision that the protest committee may have made. Rule 64.1(a) provides that a protest committee’s decision to penalize must be implemented.

RYA 1984/16