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.

Related Cases & Q&A

Interpretation of the term ‘damage’.

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.

Case 141

Interpretation of the term ‘serious’ in the phrase ‘serious damage’.

Preferred Wordings

Invalid – Appendix B: Failed to Hail Protest (B5.60.2(a)(1))
Y failed to hail 'Protest' at the first reasonable opportunity, as required by RRS B5.60.2(a)(1). Therefore the protest is invalid under RRS 60.4(a)(1).
Invalid – Appendix B: Failed to Inform RC After Finishing/Retiring (B5.60.2(a)(1))
Y failed to inform the RC of her intention to protest as soon as practicable after she [finished] [retired], as required by RRS B5.60.2(a)(1). Therefore the protest is invalid under RRS 60.4(a)(1).
Invalid – Appendix F: Beyond Hailing Distance Failed to Inform (F5.60.2(b)(1))
X was beyond hailing distance, and Y did not inform X of the protest at the first reasonable opportunity, as required by RRS F5.60.2(b)(1). Therefore the protest is invalid under RRS 60.4(1)(a).
Invalid – Appendix F: Committee Failed to Inform within Time Limit (F5.60.2(a)(2))
The [race] [technical] [protest] committee failed to inform X about its intention to protest within the protest time limit, as required by RRS F5.60.2(a)(2). Therefore the protest is invalid under RRS 60.4(a)(1).
Invalid – Appendix F: Failed to Hail Protest (F5.60.2(a)(1))
Y failed to hail 'Protest' at the first reasonable opportunity, as required by RRS F5.60.2(a)(1). Therefore the protest is invalid under RRS 60.4(a)(1).
Invalid – Appendix F: Failed to Inform at First Reasonable Opportunity (F5.60.2(b)(3))
Y failed to inform X of the protest at the first reasonable opportunity as required by RRS F5.60.2(b)(3). Therefore the protest is invalid under 60.4(1)(a).
Invalid – Appendix F: Failed to Inform Despite Obvious Danger or Tangle (F5.60.2(c))
At the time of the incident it was obvious to Y that [a competitor was in danger] [(injury) (serious damage) (a tangle) resulted]. Nevertheless, Y failed to attempt to inform X of the protest within the protest time limit, as required by RRS F5.60.2(c). Therefore the protest is invalid under RRS 60.4(1)(a).
Invalid – Appendix F: Failed to Inform for Failing to Sail Course (F5.60.2(b)(2))
Y failed to inform X of the protest alleging failure to sail the course at the first reasonable opportunity, as required by F5.60.2(b)(2). Therefore the protest is invalid under RRS 60.4(1)(a).

Section A — Protests; Redress; Support Persons

Protest Validity