CASE 85        

Rule 61.1, Informing the Protestee
Rule 86.1(c), Rule Changes
Definitions, Rule

Class rules may not change a racing rule unless rule 86.1(c) permits the change.

Summary of the Facts
Boats in the XYZ Class have hulls 8 m long. Rule 5 in the XYZ Class Rules states:
The requirement in racing rule 61.1 to display a red flag shall not apply to the XYZ Class unless specifically required in writing in the sailing instructions of a race or series of races.

In a race for XYZ Class boats, boat A lodged a protest against boats B and C and noted on her protest form that she did not display a red flag because it was not required by her class rules. The protest committee, relying on class rule 5, decided the protest was valid, proceeded with the hearing, and disqualified B and C. B appealed.

Decision
Appeal upheld. Paragraph (c) of the definition Rule makes it clear that class rules apply to a race, ‘except any that conflict with the rules in this book’ – that is, the racing rules. When a rule is listed in rule 86.1(c), class rules may change it, and there is no conflict. However, rule 61 is not so listed, and since class rule 5 conflicts with rule 61, class rule 5 does not apply. The sailing instructions might have changed rule 61.1 as permitted in rule 86.1(b), but did not do so. Therefore, the protest was invalid and should have been refused. Accordingly, the protest committee’s decisions are reversed, and the two boats are reinstated in their finishing places.

USSA 1994/299