Rule 60.4: Protest Validity

60.4

Protest Validity

(a) A protest is invalid (1) if it does not comply with the definition Protest or rule 60.2 or 60.3, (2) if it is from a boat that alleges a breach of a rule of Part 2 or rule 31, but she was not involved in it or did not see the incident, or (3) as far as it alleges a breach of rule 69 or a Regulation referred to in rule 6, unless permitted by the Regulation concerned. (b) A protest is invalid also if it is from a committee and is based on information from (1) a request for redress, (2) an invalid protest, or (3) a report from a person with a conflict of interest (other than a representative of the boat herself). (c) However, rule 60.4(b) does not apply to a protest from (1) the protest committee if it learns of an incident involving a boat that may have resulted in injury or serious damage, (2) the protest committee if it learns during the hearing of a valid protest that the boat, although not a party to the hearing, was involved in the incident and may have broken a rule, or (3) the technical committee if it has first conducted an inspection and decided a boat or personal equipment does not comply with the class rules or rule 50.

Definitions in Context

Committee

The protest committee, the race committee or the technical committee.

Conflict of Interest

A conflict of interest exists if a person

(a) may gain or lose as a result of a decision to which that person contributes,
(b) may reasonably appear to have a personal or financial interest which could affect that person’s ability to be impartial, or
(c) has a close personal interest in a decision.

Party

A party to a hearing is

(a) for a protest hearing: a protestor, a protestee;
(b) for a redress hearing: a boat requesting redress or for which redress is requested; a boat for which a hearing is called to consider redress under rule 61.1; a committee acting under rule 61.1;
(c) for a redress hearing under rule 61.4(b)(1): the body alleged to have made an improper action or improper omission;
(d) a person against whom an allegation of a breach of rule 69.1(a) is made; a person presenting an allegation under rule 69.2(e)(1);
(e) a support person subject to a hearing under rule 62 or 69; any boat that person supports; a person appointed to present an allegation under rule 62.2.

However, the protest committee is never a party.

Protest

An allegation made under rule 60 by a boat or a committee that a boat has broken a rule.

Rule

(a) The rules in this book, including the Definitions, Race Signals, Introduction, preambles and the rules of relevant appendices, but not the Basic Principles or titles;
(b) World Sailing Regulations that have been designated by World Sailing as having the status of a rule and are published on the World Sailing website;
(c) the prescriptions of the national authority, unless they are changed by the notice of race or sailing instructions in compliance with the national authority’s prescription, if any, to rule 88.2;
(d) the class rules (for a boat racing under a handicap or rating system, the rules of that system are ‘class rules’);
(e) the notice of race;
(f) the sailing instructions; and
(g) any other documents that govern the event.

Related Cases

Case 19

Interpretation of the term ‘damage’.

Case 22

A written protest does not need to identify a rule that the protestor believes was broken. If it does identify such a rule, it is not relevant to the validity of the protest that the protest committee decides that a different rule had been broken.

60.4

Protest Validity

Definitions in Context

Committee

The protest committee, the race committee or the technical committee.

Conflict of Interest

A conflict of interest exists if a person

(a) may gain or lose as a result of a decision to which that person contributes,
(b) may reasonably appear to have a personal or financial interest which could affect that person’s ability to be impartial, or
(c) has a close personal interest in a decision.

Party

A party to a hearing is

(a) for a protest hearing: a protestor, a protestee;
(b) for a redress hearing: a boat requesting redress or for which redress is requested; a boat for which a hearing is called to consider redress under rule 61.1; a committee acting under rule 61.1;
(c) for a redress hearing under rule 61.4(b)(1): the body alleged to have made an improper action or improper omission;
(d) a person against whom an allegation of a breach of rule 69.1(a) is made; a person presenting an allegation under rule 69.2(e)(1);
(e) a support person subject to a hearing under rule 62 or 69; any boat that person supports; a person appointed to present an allegation under rule 62.2.

However, the protest committee is never a party.

Protest

An allegation made under rule 60 by a boat or a committee that a boat has broken a rule.

Rule

(a) The rules in this book, including the Definitions, Race Signals, Introduction, preambles and the rules of relevant appendices, but not the Basic Principles or titles;
(b) World Sailing Regulations that have been designated by World Sailing as having the status of a rule and are published on the World Sailing website;
(c) the prescriptions of the national authority, unless they are changed by the notice of race or sailing instructions in compliance with the national authority’s prescription, if any, to rule 88.2;
(d) the class rules (for a boat racing under a handicap or rating system, the rules of that system are ‘class rules’);
(e) the notice of race;
(f) the sailing instructions; and
(g) any other documents that govern the event.

Related Cases

Case 19

Interpretation of the term ‘damage’.

Case 22

Section A — Right Of Way

Protest Validity

Section A — Right Of Way

Protest Validity