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  3. Rule 63.4

Part 5 — When Boats Meet

Section B — General Limitations

63.4

Hearing Procedure

(a) The protest committee shall first consider validity. The hearing shall be closed if (1) a protest or request is invalid, or (2) a protest was made under rule 60.4(c)(1) and there was no injury or serious damage. (b) The protest committee shall take the evidence of the parties present at the hearing, their witnesses, and any other evidence it considers necessary. Hearsay evidence is admissible. However, the protest committee may exclude evidence which is irrelevant or unduly repetitive. (c) A party present at the hearing may question any person who gives evidence. (d) A member of the protest committee who saw the incident shall, as soon as reasonably possible, declare this fact to the parties attending the hearing. (e) A witness shall be excluded from the hearing when not giving evidence, except for a witness who: (1) is also a party, or (2) is a member of the protest committee.

Definitions in Context

Committee

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

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’.

Rule 63.3

(a) A protest committee member shall declare any possible conflict of interest as soon as possible after becoming aware of it. (b) A party to the hearing who be...

Rule 63.5

(a) The protest committee shall consider the evidence and decide what weight to give it. It shall then find the facts based on the balance of probabilities (unl...

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