RRoS 2005-08 Pt5a

PROTESTS; REDRESS; RULE 69 ACTION

60 RIGHT TO PROTEST; RIGHT TO REQUEST REDRESS OR RULE 69 ACTION
60.1 A boat may (a) protest another boat, but not for an alleged breach of a rule of Part 2 unless she was involved in or saw the incident; or (b) request redress.
60.2 A race committee may (a) protest a boat, but not as a result of a report from an interested party or information in an invalid protest or in a request for redress; (b) request redress for a boat; or (c) report to the protest committee requesting action under rule 69.1(a).
60.3 A protest committee may (a) protest a boat, but not as a result of a report from an interested party or information in an invalid protest or in a request for redress. However, it may protest a boat (1) if it learns of an incident involving her that may have resulted in injury or serious damage, or (2) if during the hearing of a valid protest it learns that the boat, although not a party to the hearing, was involved in the incident and may have broken a rule; 30 (b) call a hearing to consider redress; or (c) act under rule 69.1(a).

61 PROTEST REQUIREMENTS
61.1 Informing the Protestee
(a) A boat intending to protest shall inform the other boat at the first reasonable opportunity. When her protest concerns an incident in the racing area that she is involved in or sees, she shall hail ‘Protest’ and conspicuously display a red flag at the first reasonable opportunity for each. She shall display the flag until she
is no longer racing. However, (1) if the other boat is beyond hailing distance, the protesting boat need not hail but she shall inform the other boat at the first reasonable opportunity; (2) if the hull length of the protesting boat is less than 6 metres, she need not display a red flag; (3) if the incident results in damage or injury that is obvious to the boats involved and one of them intends to protest, the requirements of this rule do not apply to her, but she shall attempt to inform the other boat within the time limit of rule 61.3. (b) A race committee or protest committee intending to protest a boat shall inform her as soon as reasonably possible. However, if the protest arises from an incident the committee observes in the racing area, it shall inform the boat after the race within the time limit of rule 61.3. (c) If the protest committee decides to protest a boat under rule 60.3(a)(2), it shall inform her as soon as reasonably possible, close the current hearing, proceed as required by rules 61.2 and 63, and hear the original and the new protests together.
61.2 Protest Contents
A protest shall be in writing and identify (a) the protestor and protestee; (b) the incident, including where and when it occurred; (c) any rule the protestor believes was broken; and (d) the name of the protestor’s representative. However, if requirement (b) is met, requirement (a) may be met at any time before the hearing, and requirements (c) and (d) may be met before or during the hearing.
61.3 Protest Time Limit
A protest by a boat, or by the race committee or protest committee about an incident the committee observes in the racing area, shall be delivered to the race office no later than the time limit stated in the sailing instructions. If none is stated, the time limit is two hours after the last boat in the race finishes. Other race committee or protest committee protests shall be delivered to the race office within two hours after the committee receives the relevant information. The protest committee shall extend the time if there is good reason to do so.

62 REDRESS
62.1 A request for redress or a protest committee’s decision to consider redress shall be based on a claim or possibility that a boat’s score in a race or series has, through no fault of her own, been made significantly worse by (a) an improper action or omission of the race committee, protest committee or organizing authority; (b) injury or physical damage because of the action of a boat that was breaking a rule of Part 2 or of a vessel not racing that was required to keep clear; (c) giving help (except to herself or her crew) in compliance with rule 1.1; or (d) a boat against which a penalty has been imposed under rule 2 or disciplinary action has been taken under rule 69.1(b).
62.2 The request shall be made in writing within the time limit of rule 61.3 or within two hours of the relevant incident, whichever is later. The protest committee shall extend the time if there is good reason to do so. No red flag is required.