RYA RACING BEST PRACTICES – RULES DISPUTES
INTRODUCTION
If an incident on the water in fleet racing is not resolved by a boat taking a penalty (one turn for touching a mark, two
turns for breaking a rule of Part 2 of the Racing Rules of Sailing, retiring in other cases), then the normal outcomes are:
- a protest hearing which may result in a disqualification: this appears to be becoming less common
- a boat retires after finishing: this can happen
- nothing happens, because there is no protest, and no retirement: this is becoming too frequent
The RYA understands a reluctance to take matters to protest hearings, but no one in the sport should condone disregard of
the rules. The RYA therefore wishes to recommend that clubs should consider adopting:
(a) an Exoneration Penalty which is less severe than disqualification, and is available after racing for many
infringements; and
(b) An Advisory Hearing and RYA Arbitration, two new quicker ways of resolving disputes.
EXONERATION PENALTY - a 20% scoring penalty as stated in rule 44.3(c) (except that the minimum penalty is two places)
- it may be accepted after finishing and before the start of any protest hearing
- when it is accepted, a protest committee cannot penalise that boat further over the same incident
- once accepted, it cannot be withdrawn even if a protest committee later decides no rule was broken
- It is available for breaches of the rules of Part 2 (rules 10-22) and of rule 31.1, if a penalty could have been taken
for the infringement at the time of the incident: and for breaking rule 42.
PUTTING THE EXONERATION PENALTY INTO EFFECT
Adopting the Exoneration Penalty does not need either the Advisory Hearing or RYA Arbitration to be adopted, but the
Exoneration Penalty is an essential part of RYA Arbitration. It may be decided that making the Exoneration Penalty
available for a boat to accept will be sufficient. However, the use of one or both of the two new methods for
resolving disputes is recommended, and can be stated to apply in the notice of race and in the sailing instructions. They
are:
- AN ADVISORY HEARING
Its purpose is to discuss incidents with an advisor and resolve them promptly in an informal but positive way, so that
competitors understand the rules better. It is available only where there is no related protest or RYA Arbitration.
When an Advisory Hearing is requested, and if all parties agree to attend, an advisor will quickly hear what the parties
have to say, decide whether the issues are clear enough without further evidence, and, if so say whether any boat broke a
rule, and, if so, which and why.
Redress is not available, but a race committee may agree to correct a mistake if it comes to light. - RYA ARBITRATION
Its purpose is to decide simpler protests and simpler requests for redress more quickly.
When a protest form is lodged, a boat may request RYA Arbitration, or the protest committee may suggest it. If the boats
and a member of the protest committee or race committee agree that RYA Arbitration is suitable because it appears that
the facts are likely to be clear, or the issue is not complex and that witnesses may not be essential, a single arbitrator (who
may be that member of the protest committee) hears the evidence of the parties and decides whether any boat broke a
rule, and, if so, which and why. The arbitrator will then invite a boat that appears to have broken a rule to accept an
Exoneration Penalty. When a penalty is accepted, this will conclude the matter. When it is not accepted, the protest
hearing will follow. The arbitrator may decide that in fact the matter should be heard as a full protest, but a boat may still
accept an Exoneration Penalty before the hearing which will avoid the possibility of disqualification.
When redress is offered and accepted, the protest committee or race committee may ask for a full hearing. When it is
offered and not accepted, or not offered at all, the boat may proceed with her request at a full hearing before a protest
committee.
SUMMARY – ADVISORY HEARINGS, RYA ARBITRATION AND PROTEST HEARINGS
| ADVISORY HEARING | RYA ARBITRATION | PROTEST HEARING | |
| Initiation | Oral request | Protest form | Protest form |
| Validity of Protest notification | Not required | Required | Required |
| Time Limit for a boat to ask for a hearing | Normal protest time limit | Normal protest time limit, arbitration request may be made on the protest form related to the incident | Normal protest time limit |
| If one boat does not agree to participate | The hearing will not take place | The arbitration will not take place, and it will be heard as a normal protest | The protest committee will normally proceed if one party decides not to attend |
| Penalty | A boat may voluntarily accept an Exoneration Penalty if it is available for the rule broken, but she is not required to do so. | Arbitrator may invite (but not require) a boat to accept an Exoneration Penalty if it is available for the infringement, or, if it is not, to retire (RAF) | Normal disqualification or other applicable penalty |
| If there was damage or a boat gained a significant advantage | Exoneration Penalty not available, the boat should retire | Exoneration Penalty not available, the boat should retire | Disqualification for not retiring |
| Redress | Cannot be awarded, but a Race Committee may correct an error that is identified | Full range of redress options where the issue is not complicated | Full range of redress options |
| Further options | None | Any party may seek to have the decision reviewed by calling for a full hearing of the protest or request by a protest committee. | The decision may be appealed |
| Paperwork | Club log | Completed protest form | Completed protest form |
ADVISORY HEARING PROCEDURE
- Competitor asks the race office for an Advisory Hearing, and tells the other competitor(s)
- The race office logs the request, and tells the advisor, who checks that all competitors concerned are willing to
attend and do not intend to lodge a protest or ask for redress. A hearing is convened - Each competitor takes a few minutes to say what happened. Normally, no other witnesses are called
- The advisor asks questions and announces the outcome. If the facts are clear, the advisor uses the rule book to
explain the rules that apply, and whether a rule was broken. If a rule was broken, and a boat accepts this, she
should consider accepting an Exoneration Penalty if it is available for the rule considered broken, or otherwise
consider retiring. She is not obliged to do this. - If the facts are not clear, the advisor will try to advise how the rules would apply to varying possible facts.
- This procedure can be used instead of a request for redress to seek correction of a boat’s score, in which case a
race committee representative will attend. The race committee is not obliged to accept the decision of the advisor.
RYA ARBITRATION PROCEDURE - A boat will lodge a protest form in the normal way, and within the normal time limit
- When RYA Arbitration is provided for in the notice of race and sailing instructions, its use may be initiated by
any party (the protest form may provide for a protestor to ask for this) or by a member of the protest committee or
race committee. The protest committee appoints an arbitrator, who will first establish that that there was no injury
or serious damage, that the issue is not complex and that witnesses should not be needed. If the arbitrator is
satisfied, and if all parties agree, an arbitration hearing will be called, to take place as soon as possible in a quiet
place, but with observers permitted to attend. - If the arbitrator judges the issue too complex, or if a party does not agree to arbitration, the issue will be heard as
a normal protest. Any boat may accept an Exoneration Penalty before the start of a full protest hearing (or retire if
she caused damage or gained a significant advantage). - The arbitrator follows the same procedure as for a protest hearing (see Appendix M), starting with establishing
whether the protest was valid. If it is, the parties then briefly state their case. They may question each other, and
the arbitrator will question them. - The arbitrator may decide at any time during the hearing that the issue would in fact better be heard by a full
protest committee, and may suspend the arbitration. Any boat may accept an Exoneration Penalty before the start
of a full protest hearing (or retire if she caused damage or gained a significant advantage).However, the arbitrator
may instead decide that hearing other witness evidence immediately will enable an immediate and clear decision
to be made. - The arbitrator establishes and summarises the facts, and states the rules that apply and the conclusions. A boat
adjudged to have broken a rule is asked to accept an Exoneration Penalty (or retire if she caused damage or
gained a significant advantage). - When a protestee accepts an Exoneration Penalty or decides to retire, the protestor is invited and allowed to
withdraw the protest. - No party is obliged to accept an Exoneration Penalty or retire, and no party is obliged to accept that a another
party did not break a rule. In either case, the party is entitled to have the matter heard as a normal protest. So if a
boat does not agree to accept a penalty or retire, the other party has the option of a full hearing. - The arbitrator completes the protest form and returns it to the race office. If a full protest hearing is to follow, no
new protest form from the party is needed, and the protest committee will attach a fresh second page to the protest
form for its own hearing. - If for any reason RYA Arbitration does not or can not resolve the issue to the parties’ satisfaction, and it then
proceeds to a protest hearing, any party may accept an Exoneration Penalty at any time before the protest hearing
starts. An Exoneration Penalty, once accepted, cannot be withdrawn or removed, even if a protest committee later
decides that a boat that accepted an Exoneration Penalty did not in fact break a rule. - When a boat accepts an Exoneration Penalty at the arbitration or at any time before the start of a protest hearing,
she will not be penalized further at the protest hearing if the protest committee decides that the penalty she has
already accepted was appropriate to the facts it finds. - When redress is offered and accepted at the RYA Arbitration, the protest committee or race committee may ask
for a full hearing. When redress is offered and not accepted, or not offered at all, the boat may have her request
heard before a protest committee. - When RYA Arbitration proceeds to a full protest hearing, there is no objection in principle to the arbitrator being
a member of the protest committee, but a protest committee may decide not to have the arbitrator as a member.