On February 8, 2018 a Protest Committee was formed to decide whether or not the Race Committee for the RMYS Squadron Trophy and Plate was able to disqualify competitors where the competitors had not completed a crew declaration prior to competing.
Before delivering their decision the Protest Committee presented detailed commentary covering the reasons for their decision and they specifically referred to the relevant RMYS Sailing Instructions and also the relevant rules in the Australian Sailing Racing Rules of Sailing “Blue Book”. I would like to share with you both the decision and also a summary of the Committee’s commentary.
The Protest Committee explained:
1. RMYS was held to be the organising body for the race, RYCV (RO and on course officials) was engaged only to conduct the race on behalf of RMYS
2. So RMYS SIs did apply.
3. The RMYS Sailing Coordinator and RMYS Sailing Committee formed the Race committee for the RMYS race.
4, RMYS Rule 1.5 (e) requiring a crew declaration is a valid rule.
5. RMYS Sailing instructions and the Australian Sailing Racing Rules of Sailing apply
6. The protest panel expressed their view that this was a safety issue and they fully supported the requirement to have a crew declaration as mandatory.
The Protest Committee then presented the reason for allowing the protest.
RRS 63.1 expressly restricts penalties being given without a hearing. RMYS rule 1.5 (e) does not exclude RRS 63.1, so 1.5(e) can currently only be enacted by convening a hearing. Therefore the Protest was upheld.
Please click here to view a copy of the protest decision.
Please understand that RMYS is required to undertake all reasonable action to ensure the safety of competitors in races organized by RMYS. The Sailing Committee view is RMYS has to make an effort to know which yachts are competing and who are sailing on these boats, so that in the case of an emergency RMYS can provide the best possible assistance or information to organisations that may be involved in addressing an emergency. The requirement for crew declarations helps achieve this goal.
As a consequence of this outcome and after seeking advice from the Protest Committee members an amendment to RMYS rule 1.5(e) has been issued. You can view it here.