ONE-DESIGN CLASS RULES ENFORCEMENT
By Clark Chapin & Walter Chamberlain

This subject seems to generate confusion and heat in all areas of the country. Class rules writers, class officers, competitors and protest committees all have thoughts on how enforcement of class rules should work. Too often, a class rules problem will result from ignorance of the rules of the class, an unclear rule - even an unnecessary rule. We’ve seen cases in which unclear class rules and misconceptions about the roles that different bodies are authorized to play can lead to Rule 69 penalties and Article 14 Grievance Proceedings under the US SAILING Bylaws – really unpleasant and unfortunate stuff. This article looks at several aspects of this often misunderstood subject.

The first step
The first step is to realize that “class rules” are in­cluded in the definition of “rules” contained in The Racing Rules of Sailing (RRS, the red book with the US SAILING logo on the front). So, class rules have the same status during an event as, for instance, rule 10 requiring port tack boats to stay clear of starboard tack boats.

Rule 78.1 requires, “A boat’s owner ... shall ensure that the boat is maintained to comply with her class rules and that her measurement or rating certificate, if any, remains valid.” This includes measurement certificates issued by some of the one-design class associations (some classes don’t issue measurement certificates). This rule makes the owner responsible for main­­taining the boat in accordance with the class rules and for ensuring that the certificate is not invalidated by alterations. Note that this rule requires a boat to be in compliance with her class rules irrespective of whether the class issues measurement certificates.

So, we see that a one-design boat must be in compliance with her class rules while racing. If a class rule prohibits hiking straps, and a yacht has hiking straps, the sporting thing to do is to explain to the competitor before the race that such things are a no-no. If the straps are still there while the boat is racing, the thing to do is file a protest in accordance with rule 60.1. That means that the flag, notice, and filing requirements of rule 61 must be met. The protest should cite the class rule that prohibits hiking straps and also rule 78.1, since the yacht is not being maintained in accordance with class rules. The protest committee will conduct a hearing as prescribed in the racing rules and render a decision.

Protest committee role
Contrary to the thoughts of many competitors (and also protest committee members), a protest committee is free to render a decision on a protest involving class rules as long as the committee feels competent to do so. Rule 64.3 clearly gives the protest committee the authority to do so, and in most cases the committee should be able to handle the entire matter. However, when the committee is “in doubt” that it is able to correctly interpret the class rule involved in the protest, rule 64.3(b) obligates the committee to refer the question, together with the facts found during its hearing, “to an authority responsible for interpreting the rule.” Referring the question is an important step not to be taken lightly or automatically, because in so doing the committee binds itself to be governed by the reply of said qualified authority (rule 64.3(b)). After receiving the reply, it is still the protest committee that makes the decision, although the committee is bound by whatever is contained in the reply.

As an example, consider that a protest alleges that Boat A’s mast is not constructed of aluminum in contravention of class rules, specifically Title 15, Rule 1.3.4.5.6-(a)(iii-4.2, paragraph 638(b-2)) which states, if you can find it, “masts shall be aluminum.” The pro­test committee finds the following facts: (1) Boat A’s mast is constructed of spider webs held together with Intergalactic Superglue and (2) said mast was used in race #1. With those facts, the committee concludes that the mast is not aluminum and that the class rule was therefore infringed, and disqualifies Boat A. No reference to a “responsible authority” is necessary.

Another example: A class rule prohibits the use of “temporary coatings” on the hull, centerboard, or rud­der. The protest committee finds as fact that a coating of “Captain Kirk’s Speed ‘O Light Compound” was used on the hull, but is not comfortable in determining whether or not the product is a “temporary coating” as envisioned by the rule. The committee must then refer the matter to an “authority responsible for interpreting the rule” (probably the class measurer) for resolution. If the reply comes back stating “it is a temporary coating prohibited by the rule,” then the protest committee concludes the rule has been infringed and disqualifies the boat. If the report states the compound is not prohibited by the rule, then the protest committee simply dismisses the protest.

Class rule protests involving boat specifications that can be measured with a tape measure, weighed, just plain looked at, or involving crew requirements, can in most cases be handled entirely by the protest committee.

Appealing?
After a protest committee has rendered a decision on a protest involving class rules, the decision may be appealed in the same manner as a decision on a right of way rule protest, using rule 70 and Appendix F. Note that such appeals go first to the appropriate association appeals committee, and then on to US SAIL­ING for further appeal if appropriate. Rule 70 and Appendix F, which govern appeals, do not recognize any appeals committees maintained by class associations.

Also note that class rules which conflict with the RRS are inoperative (see rule 86.1(c)), and that the Sailing Instructions are prevented from altering Appendix F. So a class cannot alter this procedure within its own rules or through the sailing instructions.

As a practical matter, filing an appeal from a protest committee decision that is based on a reply from “an authority responsible for interpreting the rule” (such as the class measurer) will in almost all cases be a waste of time.

Measurer’s role
Rule 78.3 states what the responsibilities of a measurer are during an event. Note that this rule is operative only when an official measurer has been appointed for the event; if this hasn’t been done, then there is no measurer and rule 78.3 does not apply. Let’s assume that for a national championship for a class, a measurer has been appointed, and all boats are to be measured before racing starts. When the measurer finds that Boat A does not comply with a particular class rule, he requests that the defect causing the problem be corrected. When the correction is not made, the measurer is required to report the problem in writing to the race committee, and the race committee is required to protest the boat unless the committee thinks it is appropriate to approve the entry under the very narrow circumstances described in rule 78.2.

Who can DSQ?
So we see that the proper avenue for the enforcement of class rules is the procedure already in the racing rules. The only body given the authority under the racing rules to disqualify a boat from a race is the protest committee. No such authority is given to any other body — not the class president, not the executive committee, not the board of directors, not the membership, not the measurer, nobody. Any attempt by a class to set up a procedure different from the one in the racing rules will only lead to divisive discontent and real problems for the class. While nothing prevents a class from setting up an internal procedure to rule on a boat’s compliance between events, such procedure cannot be used to alter the results of previously held races.

Important rule to read
Important – all officials concerned with the staging of an event, including class officials, should read and understand racing rule 86.1(c). No one has the authority to simply do what they want (even if it seems the “fair” thing to do) – not race committee, not protest committee, and not class officers or committees. Rule 86.1(c) requires that the rules be adhered to by officials, and when you think about it, what could be “fairer” for competitors than that?

Class associations can make enforcement of “class rules” much easier by keeping things simple. Spreading what most of us would consider “class rules” throughout various documents (constitution, bylaws, specifications, measurer’s rulings, etc.) makes it difficult and time-consuming for class members and protest committees to figure it all out and then comply with it – or enforce it.

 We recommend
We strongly recommend that one document be used to describe the rights and obligations of members that are generally common to all organizations (officers and their duties, etc.) – this document to be called “bylaws,” and a second document, called “class rules”, be used to describe all boat and equipment specifications and all rules governing competition that are peculiar to the class. This will make everyone’s life easier. Further, never write a rule if you don’t really need it, and never write a rule if you don’t want someone to be penalized for failure to comply. Finally, when you do write a rule, read it and understand what it really says, and consider if that’s what you really meant to say — then ask yourself again, “do we really need a rule about this?”

Chamberlain is a US SAILING Certified Judge, former secretary of US SAILING, and currently Area D Director.

 Chapin is past president of the Interlake Sailing Class Association, former US SAILING secretary and a US SAILING Certified Judge.

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