CASE 98        

Rule 63.7, Conflict between Rules
Rule 87, Changes to National Authority Prescriptions
Rule J1.2(8) Notice of Race Contents
Rule J2.2(7) Sailing Instruction Contents
Definitions Rule

The rules listed in the definition Rule apply to races governed by the Racing Rules of Sailing whether or not the notice of race or sailing instructions explicitly state that they apply.However, a sailing instruction, provided it is consistent with any prescription to rule 87, may change or delete some or all of the prescriptions of the national authority. When a boat races under a handicapping or rating system, the rules of that system apply, and some or all of her class rules may apply as well. Generally, neither the notice of race nor the sailing instructions may change class rules. When the notice of race conflicts with the sailing instructions, neither takes precedence.

Summary of the Facts
The notice of race and the sailing instructions for the Spring Tune-up Race stated that The Racing Rules of Sailing would apply, but made no reference to the prescriptions of the national authority, the sailing instructions, the class rules, the notice of race or any other document or rule. Starts were given for class of boats racing under a handicap system and for two one-design classes. Buttercup, a J/24, raced in the handicapped class and was protested for breaking a J/24 class rule.

The notice of race and the sailing instructions for the Spring Tune-Up Race stated that The Racing Rules of Sailing would apply, but made no reference to the prescriptions of the national authority, the sailing instructions, the class rules, the notice of race or any other document or rule. Starts were given for a class of boats racing under a handicap system and for two one-design classes. Buttercup, a J/24, raced in the handicapped class and was protested for breaking a J/24 class rule.

Question 1
Did any of the following apply?
1. the prescriptions of the national authority
2. the sailing instructions
3. the notice of race
4. other documents governing the event

Answer 1
Whenever the notice of race and the sailing instructions state that a race will be governed by the rules in The Racing Rules of Sailing, then, as rules 3(a) and 85 and the definition Rule indicate, the prescriptions of the national authority, the notice of race and the sailing instructions all apply. Any other documents that will govern the event must be listed in the notice of race and the sailing instructions. A sailing instruction may change a prescription of the national authority or state that some or all of the prescriptions will not apply; provided that the national authority has not restricted changes to those prescriptions in a prescription to rule 87. However, in the absence of such a sailing instruction, the prescriptions always apply.

Question 2
Buttercup, a J/24, raced in the handicapped class. Did the J/24 class rules or the handicap system rules apply to her?

Answer 2
The rules of the handicap system applied to Buttercup (see paragraph (d) in the definition Rule). If her handicap was explicitly based on the assumption that she race in compliance with some, or all, of the J24 class rules, then those J24 class rules, or all the J24 class rules, applied to her. However, if Buttercup’s handicap was not based on such an assumption, then none of the J24 class rules applied to her.

Question 3
Does an organizing authority or race committee have the authority to change or delete class rules?

Answer 3
No, unless the class rules themselves permit such changes. The only function of rules J1.2(8) and J2.2(7) is to require that competitors be informed of proper changes that have been made to the class rules. The racing rules do not permit an organizing authority or race committee to make changes to class rules. However, if a class has agreed to permit an organizing authority or race committee to change a class rule, then the sailing instructions may change that rule, provided that the change is stated in the notice of race and sailing instructions, as provided in rules J1.2(9) and J2.2(7).

Question 4
If the notice of race conflicts with the sailing instructions, which takes precedence?

Answer 4
Neither. If there is no statement in either document about precedence, they both apply, and a boat whose score has been made significantly worse because of the conflict may be entitled to redress. Rule 63.7 governs a protest or request for redress arising from such a conflict.

USSA 2000/80