This document discusses the process for filing protests or requests for redress in sailing races. It begins by explaining that an unhappy boat can protest another boat or boats, or request redress. It then provides details on the potential outcomes of protests and requests for redress. The majority of the document is made up of questions and answers about specific protest scenarios, including who can protest, when a protest is valid, and the requirements for hails and flags when protesting. It clarifies some of the technical rules around the protest process.

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We’re Unhappy!
We’re unhappy!
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A unhappy boat can
• Protest another boat or boats
• Request redress
The outcome of a protest is that the protest committee decides
• that the protestee, OR the protestor, OR both broke a rule. There will be a
penalty (usually disqualification) unless the boat was compelled to break a
rule because another boat also broke a rule: OR
• that no boat in the hearing broke a a rule. The protest will be dismissed
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A unhappy boat can
• Protest another boat or boats
• Request redress
The outcome of a request for redress is that the protest committee
decides
• that a boat lost places in a race or series through no fault of her own, but
only in a limited range of circumstances: all boats so affected are to be
compensated (but not rewarded) with an improved score or improved time,
and sometimes by abandonment of the race – what ever is as fair as
possible for all boats affected: OR
• that no boat, the requester included, is entitled to redress
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Q. Can a boat protest even if she has retired from a race?
A. Yes, as long as her protest meets validity requirements. And
while she continues to race, even if apparently having been in
clear breach of a rule, she maintains all her rights under the
rules
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Q. Can one boat protest another boat even if the other boat
has ‘done turns’?
A. Yes. If the protest is valid, the protest must be heard. If the
protest is upheld, the protest committee will
• decide not to penalise if the turn or turns were done
properly and were appropriate for the infringement
• decide to penalize if the turn or turns were not done
promptly after getting clear of other boats as soon as
possible
• decide to penalize if the turn or turns were not available for
the infringement (sailing the course, or breaking class rules,
for example)
• decide to penalize if the boat that broke a rule also caused
injury or serious damage, or gained a significant advantage
in the race or series by her breach, or sailed unfairly
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Q. Can a boat protest another boat that has retired from the
race?
A. Yes
Q. Why might she want to protest a boat that has taken turns
or retired?
A. If she has been damaged, she may also be asking for redress,
and the protest hearing will help to establish the facts. She may
also need a statement of facts found to support an insurance
claim. If the other boat has retired (even if she was forced to do
so because of damage or injury), she has taken a penalty, and
cannot be penalized further, but that does not prevent the
hearing going ahead and facts being found
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Q. Can a boat proceed with a protest, even though she has
already been disqualified in an earlier protest over an
incident in the same race?
A. Yes. No rule prevents this, and the protested boat can be
penalized
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Q. Can a boat protest the race committee?
A. No. If she thinks the race committee has made a mistake, all
she can do is to request redress if the mistake has adversely
affected her
Q. Can a boat protest other boats over an incident between
them that she sees but is not involved in?
A. Yes, even if the boats in the incident decide not to protest about
it. Normally, only a boat protested in this way can be penalized,
For example, there is an incident involving A and B, neither of
which protests. C, who sees it, protests only A. B will not be
penalized if the protest committee decides that B broke a rule,
since B is not a party to the hearing - unless the protest
committee then decides to bring its own protest against B
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Q. Does a protest or redress request have to be made on a
protest form?
A. Not unless the sailing instructions say so. The requirement is
that they must be made in writing. Protest forms can be
downloaded from the ISAF or RYA websites. Using a protest
form helps you to give the right information
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Q. Does every protest require a hail of ‘Protest’ at the first
reasonable opportunity?
• No. It is needed only for an incident in the racing area that the
protestor is involved in or sees. The default is merely that the
intention to protest is notified at the first reasonable opportunity,
and then there are exceptions to the requirement to hail
Q. What are those exceptions?
If the other boat is beyond hailing distance– notification must be
made at the first reasonable opportunity
If there is damage or injury that is obvious to the boats
involved – an attempt to notify must be made, within the protest
time, but it need not be at the first reasonable opportunity, nor
does it have to be successful
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Q. Does a boat have to be involved in or see an incident in
order to be entitled to protest about it?
• Only if it involves a rule of Part 2 – rules 10 to 23, applicable
when boats meet
Q. What examples are there of an incident about which a boat
can protest, even if she did not see it?
A. Learning that a boat did not give help (rule 1) or did not sail
fairly (rule 2) - these are rules of Part 1
Learning that a boat touched a mark but did not take a penalty
– rule 31 is a rule of Part 3
Learning that a boat received outside help (rule 41) or used
illegal propulsion (rule 42) – these are rules of part 4
There are many other possibilities
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Q. If I am in an incident where the other boat tries to do a turn
or turns, but I don’t think it was done properly, or soon
enough - do I protest the boat for not doing the turn(s)
properly?
A. No. Taking a turn or turns is not an acknowledgement of
breaking a rule, and getting it wrong is not itself a punishable
offence
You must protest for the original incident (touching a mark, port
and starboard, etc). When the protested boat claims that she
took a penalty, you must then show that it was not done
properly, and was therefore ineffective. If the protest committee
upholds your protest over the incident and agrees the penalty
was not taken properly, it must then disqualify the other boat
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Q. Do I have to use the word ‘Protest’ when a hail is required?
A. Yes, and variants such as ‘Protesting’ and ‘You’re protested’
are OK. But a protest committee could find your protest invalid
if you said only ‘Do your turns’, or if you said ‘Protest’ only after
other words were said, as you didn’t say ‘Protest’ at the first
reasonable opportunity
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Q. If a red flag is required, how quickly must I display it?
A. The longer it takes to find it and break it out, the more likely that
the protest committee will decide that it was not shown as
required at the first reasonable opportunity
Q. If a red flag is required, and I display it and then take it
down because I don’t intend to protest, can I change my
mind and put it up again?
A. The flag must remain displayed while you are racing
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Q. Can I protest under rule 69, Allegations of Gross
Misconduct?
A. No. You can lodge a report, but the decision to act under this
rule is the protest committee’s. The alleged facts may however
support a protest by you under rule 2, Fair Sailing
Q. What is the minimum number of people for a protest
committee?
A. One person. But three is normal, and at least three is essential
for a rule 69 hearing
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Q. If I am aware that a member of the protest committee is an
‘interested party’, can I keep this up my sleeve in case the
decision goes against me and I want to appeal?
A. No. You must make your objection at the time
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Q. If there is a protest against my boat, and I think the
protestor is in the wrong, do I have to lodge a protest
myself?
A. Technically no, since a protest is decided on the balance of the
evidence, and the protestor can be disqualified instead of, or as
well as a protestee. However, it does no harm to get your case
on record, and if you get your protest lodged first, there will be
only one hearing, but you will normally get to present your
evidence first. If you don’t lodge your own protest, and if the
other boat’s protest is found to be invalid, the possibility of the
other boat being penalized has been lost in most cases
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Q. I disagree with the protest committee’s decision.
Can I have the hearing reopened?
A. Only at the discretion of the protest committee, and then only if
the protest committee realises that it may have made a
mistake, or if you have new evidence not available to you at the
original hearing. If neither of these apply, you have to appeal
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Q I’m sure I wasn’t over a the start, but I was scored OCS.
Will I be able to get redress?
A. Only if you can convince the protest committee that the race
committee made a mistake. The race officer is the person best
placed to call the line
Q. I’ve won my protest against the boat that got in my way.
Can I have redress in the form of regaining all the places I
lost in the incident?
A. No, unless your loss of place resulted from injury or physical
damage, or the other boat has been penalized under rule 2,
Fair Sailing or other the boat or competitor has been penalized
or warned under rule 69, Allegations of Gross Misconduct.
Otherwise – tough!
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Q. I disagree with the redress given to another boat, as it
makes my score worse. Can I ask for that hearing to be
reopened, and can I appeal against it?
A. No, if you were not a party to that hearing. Your only option to
ask for redress yourself, and you will have to show that the
decision was ‘improper’, and that it affected your score in the
race or series. Only then will you get the right to ask for a
reopening, or to appeal, if you are turned down
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21. GOING BY THE RULES
What’s cooking?
THE MAIN COURSE STARTERS
Basically and Fundamentally… What’s new for 2009 – quick guide
We’re racing! What’s new for 2009 – in detail
We’re starting! INGREDIENTS
We’re rounding! Reading the signals
We’re taking turns! Major definitions in action
We’re finishing! The Racing Rules of Sailing
We’re unhappy! The Definitions
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