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Incorrect hailing


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Would an incorrect hail of a sail number ie 'sixty one' instead of 'six one' be a valid reason to refuse a protest or should the protest be heard.

And what if the hailed boat knew he was being hailed and did nothing because of an incorrect call.

All this assumes a non contact incident.

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Some SI override the hail description of E 2.1 and allow variations. If there is no such item in the SI, then E 2.1 uses the SHALL word. So I can see a protest being disallowed on that technicality.

If there was no contact, then it becomes difficult to take any other actions, such as an R2 protest or finding.

When I used to race big boats and sit on protest committees, we were very strict in requiring that the protocol of the protest was followed. ie. When did you hail? (immediately was the only answer). When did you fly your protest flag? ( less than 20 seconds was usually ok - but 'Well I had to go below and find the flag and it took 5 minutes - was not acceptable).

So the precedent is for strict compliance with every aspect of the protocol.

John

John Ball

IOM CAN 307 (V8)

In my private capacity

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I am clearly not in favour of someone ignoring the rules. However, when someone hails Protest, the other skipper is not obliged to do anything. They may think that they are in the right, and are content to go to a protest hearing.

When the hearing starts, the PC has to determine that a protest is valid. That requires that they go through all the requirements ( the SHALL words) to see if the requirements were met. If a requirement was not met, the protest may be declared invalid. If a PC ignores some rule or requirement and holds the protest, the they leave it open for one party to APPEAL the hearing.

If the boat hailing Protest wants to enforce the rules, then he should also follow the rules exactly - especially how to protest.

John

John Ball

IOM CAN 307 (V8)

In my private capacity

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  • 3 months later...

The requirement to use single digits in hails was brought in to prevent widespread confusion amongst non English speakers. Four, fourteen and forty are well-nigh indistinguishable for many non-native speakers

ISAF rules are intended for world wide use. If a British sailor was at an event in France they might well prefer a hail of "Sept Neuf" rather than "Soixante Dix Neuf"

Judges do not like declaring protests invalid on a technicality. However, there is a process that should be followed, and if the protestor does not follow that process that initiates sailing's dispute resolution system then he cannot benefit from the later stages of the system.

Gordon

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If the protest committee establishes as a fact that a boat acknowledged breaking a rule but took no action because the protest hail was incorrect the PC should consider if rule 2 or rule 69 has been broken. Unfortunately a PC can only establish facts in the course of a valid hearing. If the protest is deemed invalid there can be no hearing. So, unless there is a protest from the race committee or a report alleging gross misconduct the PC can take no action.

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