So, you have been involved in an incident out on the race course. Now you have to cope with it.

1. Whatever else happens do not lose your temper. Make up your mind very quickly whether you are in the right or not.

If you think you are in the right, hail “Protest!” straight away (Rule 61.1[a]) (ed. note: rule numbers are updated to the current Rules). Do not delay as this could mean that your Protest may not be accepted under Rule 63.5. 

If you know that you are in the wrong, then either retire or accept an alternative penalty (if they are allowed  under  the  Sailing Instructions).

If you are not sure whether you are right or not, then hail “protest!”. You can always decide not to proceed with the action later (although another boat that witnessed the incident is entitled to protest – rule 60.1[a]).

2. As soon as you have hailed, forget the incident until after the race, but make a note of nearby sail numbers as you may need a witness later on. Get sailing again as quickly as possible and do not get involved with a shouting match.

Unless the boat you are protesting is too far away to hail, Rule 61.1(a) requires that the Protesting boat shall inform the other boat by hailing “Protest” immediately so then she can opt to carry out her penalty turns. In any case, you must inform the boat you intend to protest as soon as possible.

Apart from this initial attempt on the water, wait until you are ashore before trying to find the sailor you intend to protest against.

You must inform the boat being protested because Rule 61.1(a) is mandatory. The Protest Committee will ask you if this was done.

3. Complete the Protest form and hand it to the Race Committee (via the Beachmaster perhaps) before the end of their Protest time. If it is close to the end, then get the time noted on the form.

The form needs to be completed correctly. Rule 61.2 states:

A protest shall be in writing and identify
(a) the protestor and protestee;
(b) the incident, including where and when it occurred;
(c) any rule the protestor believes was broken; and
(d) the name of the protestor’s representative.
Provided the written protest identifies the incident, other details may be
corrected before or during the hearing.

The form itself is straightforward to complete. It requires details of the Protesting Yacht and of the Yacht being protested; the whereabouts and time of the incident; when an attempt to inform the protestee was made; as well as the number of the rule(s) considered infringed.

Click here for Uncle Al's presentation of the four pages of the sample protest form provided in the CYA Rule Book.

Where many sailors come to grief is in the description of the incident. It is always best to make a rough copy on scrap paper first. In this description, outline:

a) the build-up to the incident including any verbal warnings given (i.e.water; starboard, etc).
b) the incident itself.
c) what happened immediately afterwards.

This outline should also be followed in diagram form, being very careful to position the boats accurately and to scale. Make a drawing on scrap paper first.

Remember to include reasonably accurate distances (i.e. 1” = 1 boat length, etc.) but be wary of being too pedantic (e.g. 49 inches), as no one can be that accurate on the water.

The Protest Committee have to base their decisions on what rules apply and who (if any) is to be disqualified on facts found. The description and diagram are therefore important ammunition for the Protestor because they will be read before the Hearing. They will provide the basis for the Protest Committee’s understanding of what happened. So make it neat, clear and precise to show that you know what you are talking about.

However, don’t worry too much about making mistakes, say, in the rules, as you will be able to put it right later.

Don’t forget to pay the Protest Fee if required by Sailing Instructions.

4. One problem that can occur if you are being protested is that you do not see the protest form until the Hearing. This is wrong as it is against Rule 63.2.

So, as soon as you know that you are being protested ask the Race Committee (perhaps via the Beachmaster) to let you see the protest form before the meeting... as you need a reasonable time to prepare a defence. This could include time to find witnesses.

Thus, it is a good idea at the end of the protest time to look at the Notice Board to see if you have been protested.

5. Try and find witnesses to the incident. Find out what they saw and providing that their view is sympathetic to your cause, ask them to come to the Protest Meeting. There is often a reluctance to do this (for various reasons) so do not be too upset if they refuse.

Some incidents such as While Tacking (Rule 13), and Passing Marks and Obstructions (Rule 18), are very difficult to prove without witnesses.

Do not attempt to put words into your witnesses’ mouth as this will come out badly at the meeting. It doesn’t matter if he didn’t see it all precisely as it happened because these incidents happen so quickly.

6. Find out when and where the Protest meeting is and make sure that you and your witnesses are there early. Whilst waiting, do not enter into angry discussions with the opposition.

As you will be present throughout the hearing, try to go to the loo beforehand. You do not want to have to leave halfway through and miss some vital information.

7. The way that you handle your case at the meeting is very important. You must not be so over- confident that you irritate the committee nor must you be so self-effacing that they cannot get the relevant information out of you!

Do bear in mind that the members of the Committee may not know your class well - for example, they could be unsure of acceleration rates or how quickly the boat slows down. They may also be as nervous as you and may not even know the protest procedure or the rules all that well and find the Rule Book hard to read. Sometimes this nervousness comes out in a terse, almost hostile manner towards the two sailors.

At the other extreme, some Protest Committees enjoy the whole procedure. They usually know the rules well and have the off-putting habit of quoting a whole barrage of rule numbers. These people often conduct the Hearings in a formal, cold manner.

Do not let either sort put you off.

8. The Protest Committee are required to ask certain questions before starting the Hearing.

They will ask whether you object to any member of the Committee on the grounds of “interest”. Be careful about objecting as this could alienate them against you. But, if you feel that you may not get a fair hearing (perhaps because they are relatives of the opposition), then say so. They can overrule these objections.

They also need to find out whether the requirements of Rule 61 have been carried out. Was the flag flown? Was an attempt to notify the other yacht made? Is the protest form filled out in enough detail to identify the incident?

If either of the first two were missed out they have no option other than to reject the
Protest, even though there may have been a collision (Rule 63.5).

You, as the Protestor, will then be asked to state your case. Remember it is all about the “finding facts” situation, so do not make it overcomplicated. Organise your points so that “finding facts” is easy for the Committee (e.g. “I was on starboard” or, “we were 4 boat lengths from the mark, etc”.)

You will then be asked questions by the Protestee and perhaps by the Committee, although they usually like to leave this until the Protestee has made his case.

Listen carefully whilst he does this. Does he differ? Where does he differ? How can you make it clear that his arguments do not describe the incident as it happened? Then, when invited, ask questions that clarify the situation to your advantage (e.g. “You stated that we were 2 boatlengths apart when you tacked, yet the collision took place 30 seconds after you had borne away on to your new course. Surely those two don’t tie up, do they?” “How far can a boat travel in 30 seconds?” and so on). (ed. note: Remember that rule 63.6 states that “A party to the hearing may question any person who gives evidence.” The part that most sailors have trouble with is phrasing the idea “Your story is wrong!” in the form of a question. Mike has given some good examples of this technique above!)

The Committee will ask questions of you both to clarify things in their own minds. So keep it simple and do not contradict yourself.

Witnesses are then invited to state the position as they see it. Questions to them can be asked by both sailors and the Committee. If witnesses show you in good light, keep it short. If the opposition try to shoot him down, come back with supportive questions to bring out the good
points again.

Finally, both you and the opposition will be asked to make a statement. Emphasize the points made in your original statement, modified perhaps by what the witness and the opposition said. Try to emphasize the good points and play down the opposition’s arguments without being derogatory.

That’s it! When the protestee has made his own statement you will both be asked to withdraw.
The Committee then have to find the relevant facts (ed. note: what they believe actually happened), use them to judge which rules apply and reach a decision... hopefully in your favour.

Even if the verdict goes against you, accept it with good grace and shake hands with the opposition, if possible in front of the Committee. Win or lose,forget it for the rest of the event.

Finally
Do not feel guilty about having to protest and do not let it affect you for the rest of the race/event. It is as much part of a small boat racing as the odd capsize. However, in neither case do you want it to become a habit.

Michael McNamara   W8868 Cordon Rouge (UKWA News #62/Summer 1994)