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  3. Rule 71

Part 5 — When Boats Meet

Section D — Other Rules

When rule 21 or 22 applies between two boats, Section A rules do not.

71

NATIONAL AUTHORITY DECISIONS

71.1:

A person who has a conflict of interest or was a member of the protest committee shall not take any part in the discussion or decision on an appeal or a request for confirmation or correction.

71.2:

The national authority shall accept the facts found by the protest committee unless rule R5 applies.

71.3:

The national authority may: (a) uphold, change or reverse the protest committee’s decision (including a decision on validity or a decision under rule 69), (b) order that the hearing be reopened, or (c) order that a new hearing be held by the same protest committee or by a new protest committee (which may be appointed by the national authority).

71.4:

If the national authority orders a hearing to be reopened, it may limit the scope of the reopened hearing to such issues as it considers appropriate.

71.5:

If the national authority decides that a boat that was a party to a protest hearing broke a rule and is not exonerated, it shall penalize her, whether or not that boat or that rule was mentioned in the protest committee’s decision.

71.6:

The decision of the national authority is final. The national authority shall send its decision in writing to all parties to the hearing and the protest committee, who shall be bound by the decision.

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.

Rule 70

Unless rule 70.3 applies, a party to a hearing has the right to appeal the protest committee’s decision or its procedures, but not the facts found, to the natio...

Rule 72

A club or other organization affiliated to a national authority may request an interpretation of the rules from the national authority, provided that no protest...

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