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Comments on rule questions, new interpretations, problems, unpopular Rule 62 (Redress) decisions, summary of the facts, conclusions and decisions of Rule 69 (Allegations of Gross Misconduct) actions, problems with Sailing Instructions or Notice of Race and experience with experimental procedures.
Report to the Byte Class Association
From Wayne Boberg, Chairman of International Jury for 2013 Byte World Championship
Regarding RRS 42 enforcement using Appendix P with only P2.1
Background
The correspondence between the OA, the PRO, and members of the IJ at the time the NoR was being agreed in February 2013 reveals that the IJ was very unhappy with the proposal emanating from the Class (Ian Bruce) about penalties for breaches of Rule 42 under Appendix P at the upcoming World Championship. Ian recommended that the penalty structure in Appendix P be modified to delete paragraphs P2.2 (retirement from the race for a second penalty and a subsequent penalty with score of DNE for failure to retire)) and P2.3 (retirement from the race for a third with a score of DNE and subsequent penalty with a score of DNE in all races for failure to retire). He further wanted a change to P2.1 to replace the Two-Turns Penalty with a One-Turn Penalty under rule 44.2 for every breach. In the discussion over a number of weeks the IJ pointed out flaws with the proposed penalty system. The only effective resource that would be available to the IJ for repeated breaches of RRS 42 by the same boat would be to protest a boat under Rule 2 to determine if the breaches met the test set out in Rule 2 demonstrating a breach of recognized principles of sportsmanship and fair play. If the protest was upheld, then a penalty of DNE would apply.
After much discussion, the class decided to leave paragraph 2.1 as written, using the more common Two-Turns Penalty for breaches of RRS 42, with P2.2 and 2.3 deleted. This change to Appendix P was agreed upon and published in the NoR. This decision is consistent with the BYTE Class having not used P2.2 and 2.3 since their 2006 Worlds.
During the recent event sailed from August 24th ? 28th 2013 the winning boat accumulated 5 RRS 42 penalties over 13 races of the series. Additionally, there were 4 boats that accumulated 4 penalties and 1 boat that accumulated 3 penalties. It appeared that the sailors regarded the reduced penalty (P2.1 only) for breaking RRS 42 to be ?just another cost of doing business?. In total, 44 penalties were given for rule 42 infringements over the course of the event. Half of the penalties were given to the top ten finishers, and the IJ were only asked for explanations of their breach by six sailors.
At the end of sailing on the penultimate day the IJ was concerned about the number of breaches to the extent that a discussion ensued as to whether the IJ should initiate a protest against the boat that already had 4 penalties (the eventual Champion) under Rule 2. Given the dialogue that surrounded the issue at the time the NoR was agreed to, the IJ sought the input of the class through Ian Bruce and Bob Adams (the Zim BYTE Manufacture?s representative). Through these discussions it became clear to the IJ that the Class was not in favour of the IJ lodging the Rule 2 Protest. Accordingly the IJ decided to accede to the Class?s wishes and did not lodge the protest.
The five rule 42 penalties given to the 2013 World Champion indicate that he achieved his victory through illegal propulsion. However the Class has left the IJ with little option to ensure fairness in the racing, having removed P2.2 and P2.3 penalties, and by dissuading the IJ from protesting the boat with the most breaches under Rule 2.
Ner of classes: 1
Entries: 38
Ner of Countries represented: 21
Ner of Races sailed: 15
Ner of requests for redress: 3
Ner of requests for redress for OCS: 1
Ner of requests for OCS granted: 0
Total number of hearings: 111
Total number of arbitrations: 0
Number of % penalties: 0
To be completed only if Appendix P was applied.
Number of First Penalties (Appendix P2.1): 44
Number of Second Penalties (Appendix P2.2): 0
Number of Third Penalties (Appendix P2.3): 0
P2.3 Subsequent Penalties: 0
Event:
2013 Byte C11 World Championship & 2014 Youth Games Olympic Games Open Qualifier
Date Event Started
24 August 2013
Event Location:
Newport RI, USA
Group Event belongs:
P - North America
Jury Chairman's name:
Wayne Boberg
Jury chairman's email:
grebo@xtra.co.nz
Judge submitting report:
Wayne Boberg
Email of judge submitting report:
grebo@xtra.co.nz
PRO at event :
Anderson Reggio
PRO sailorID and status:
USAAR21
Email of PRO:
anderson@sailnewport.org
Was this an International Jury Panel ?
Yes
Please name each judge (including the chairman) and their country and IJ or NJ certification. one per line
Beal Lynne IJ/CAN CANAB17
Elliot Hugh IJ/USA USAHE1
Keith Harry H IJ/USA USAHK8
Levy Elliot IJ/VEN VENEL1
Petracco Christopher NJ/USA USACP64
Wayne Boberg IJ/IU NZLWB2 (Chairman)
Beal Lynne IJ/CAN CANAB17
Elliot Hugh IJ/USA USAHE1
Keith Harry H IJ/USA USAHK8
Levy Elliot IJ/VEN VENEL1
Petracco Christopher NJ/USA USACP64
Wayne Boberg IJ/IU NZLWB2 (Chairman)
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