THE BOOK - US Sailing

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THEAPPEALSBOOKFOR 2021-2024

THE APPEALS BOOK for 2021–2024This edition of the Appeals Book is dedicated to the memories ofHenry H. (“Harry”) Anderson, Jr.member of the Appeals Committeefrom 1965–1990andWilliam (”Bill” ) Bentsenmember of the Appeals Committeefrom 1984–2015United States Sailing AssociationJanuary 2021ussailing.org

US Sailing1 (800) US-Sail-11 (800) 877-2451appeals@ussailing.orgussailing.org 2021 United States Sailing Association, Inc.All rights reserved.January 1, 2021iiJanuary 2021

The Appeals Book for 2021–2024THE APPEALS BOOK FOR 2021–2024CONTENTSIntroductionHistory of the Appeals BookMembers of the US Sailing Appeals CommitteeLetters Used to Designate Boats in DiagramsIndex of Key Words and Phrases in the US Sailing AppealsIndex of Appeals Deleted Since the 1997–2000 EditionivviviiviiiixxiSection 1—Index of Appeals DiagramsA-1Section 2—Index of Abstracts of Appeals and CasesIntroductionDefinitionsBasic PrinciplesPart 1—Fundamental RulesPart 2—When Boats MeetPart 3—Conduct of a RacePart 4—Other Requirements When RacingPart 5—Protests, Redress, Hearings, Misconduct and AppealsPart 6—Entry and QualificationPart 7—Race OrganizationAppendicesRace SignalsWorld Sailing RegulationsInternational Regulations for Preventing Collisions at SeaSection 3—Appeals and QuestionsJanuary �38B–50B–51B–53B–55B–55B–55C–1iii

The Appeals Book for 2021–2024INTRODUCTIONThe Appeals Book for 2021–2024 contains decisions of the US Sailing Appeals Committee.Typically, protest committees conform their decisions to the appeals when the facts are similar,which makes them invaluable for competitors and officials to know and use.The World Sailing Case BookWorld Sailing publishes its own book called The Case Book for 2021–2024. The World Sailingcases are authoritative interpretations of the rules and contain selected appeals from membernational authorities, such as US Sailing.Useful Resources and Ways to Use the Appeals BookI strongly recommend and urge all sailors, race officers and judges to read through the AppealsBook and the Case Book. Some of the appeals and cases are from actual situations, and someare hypothetical situations and questions sent in by yacht clubs and other organizations. Mostappeals and cases are only a few paragraphs long, with a summary of the facts and often a diagram,followed by clear interpretations and applications of the rules to those facts. One helpful wayto learn the rules is to read the facts and study the diagram. Then close the book and answerthe appeal yourself; then read the decision.New Brief Summaries of Changes at the end of each Appeal or QuestionThe Appeals Book for 2021–2024 has been updated to conform to The Racing Rules of Sailingfor 2021–2024, and to clarify some of the rules applications. A brief summary of the changesappears at the end of each revised appeal after “Revised 2021.”In particular, readers of previous editions will notice changes to approximately ten appealsinvolving exoneration. Under the 2021–2024 rules, boats are exonerated at the time of theincident by rule 43.1; so now you will read “Boat X broke rule y but is or was exonerated byrule 43.1(x) for her breach.”Other changes reflect changes to the definitions Party (Appeal 64), Proper Course (Appeal 13)and Obstruction (Appeal 83), the addition of the new definition Sail the Course (Appeal 103),and changes to the Basic Principle: Sportsmanship and the Rules (Appeal 124), rules 18.1(Appeal 89), rule 55.3 (Appeals 23 and 31), rule 87 (Appeal 121), and the addition of rule90.3(e) (Appeal 100). In addition, there are twelve new appeals since the 2017–2020 editionwas published on January 1, 2017 (114–125), and seven appeals have been deleted (21, 50, 51,58, 63, 108 and 115).Deleted Appeals and QuestionsFor a complete list of the appeals that have been deleted from the Appeals Book since it wasupdated with the new rules and renumbered in 1997, and the reasons for doing so, see theIndex of Appeals Deleted Since the 1997–2000 Edition on page xi. Future changes in thebook, including new appeals and notices of deletions, will appear on the US Sailing website atappeals.ussailing.org.ivJanuary 2021

The Appeals Book for 2021–2024Study Version of the Appeals BookFor those interested in seeing the changes we have made from the 2017–2020 edition of theAppeals Book, we have posted an edition of the 2021–2024 Appeals Book showing all the changes(using the red-line tool) on the US Sailing website at appeals.ussailing.org.Useful IndexesOne of the Appeals Book’s best features is the Index of Abstracts of Appeals and Cases (summaries of each US Sailing appeal and World Sailing case) sorted by rule number, on page B-1.If you are in a protest involving rule 17 (On the Same Tack; Proper Course), you can quicklyscan through each appeal and case pertaining to rule 17 to see if one applies to your situation.And if you want to learn the rules better, pick a rule to study and read through each appeallisted for that rule in the Index.Another useful feature is the Index of Key Words and Phrases in the US Sailing Appeals, onpage ix. There you will find appeals interpreting phrases such as “changing course,” “firstreasonable opportunity” and “reasonable doubt.”A new Index in this book is the Index of Appeals Diagrams, on page A-1. At an Appeals Committee meeting in 1986, then Chairman Harman Hawkins was saying that one way he looked foran appeal was to thumb through the Appeals Book looking for the diagram he remembered forthe appeal, and wouldn’t it be nice if there was an index of the diagrams to make it easier tofind an appeal. Well, some 35 years later, his idea has come to life! Thanks to the efforts of theAppeals Committee and in particular our Secretary, Joy Shipman, the 36 diagrams in the Appeals Book as of January 1, 2021, are now compiled in this Index of Appeals Diagrams, sortedby areas of the race course to make it even easier and quicker to find an appeal that may behelpful or relevant.How to Get a Copy of the Appeals and Case BooksThe Appeals Book and the Case Book are available online at appeals.ussailing.org. The AppealsBook will also continue to be published and sold in hardcopy which will continue to includethe World Sailing cases. The printed, spiral-bound Appeals Book can be purchased through thestore on the US Sailing website at store.ussailing.org.I am indebted to Joy Shipman, the Secretary of the Appeals Committee, who served as the editorof this edition and also revised many of the diagrams included in the book, and to all the membersof the Appeals Committee who worked hard to complete the updated book by January 1, 2021.Dave Perry, ChairUS Sailing Appeals CommitteeReaders with comments are invited to send them to:US Sailing Appeals Committeeappeals@ussailing.orgJanuary 2021v

The Appeals Book for 2021–2024HISTORY OF THE APPEALS BOOKFrom 1932 until the fall of 1942, appeals were decided by the Executive Committee of theNorth American Yacht Racing Union (NAYRU) and were published as supplements to theminutes of the NAYRU annual meetings. Beginning in September, 1942, appeals were decidedby an Appeals Committee whose members were elected at annual meetings. Today, membersof the Appeals Committee are appointed by the US Sailing Board of Directors for three-yearterms.The appeals were first published separately in 1950. For the second edition in 1953 they wereconformed to the new NAYRU racing rules with the help of their originator, Harold S. Vanderbilt.Subsequent editions were published in 1962, 1965, 1970, 1978, 1982, 1986, 1990, 1994, 1997,2002, 2005, 2009, 2013, 2017 and 2021.The Appeals Committee regularly publishes appeals that it considers have educational value tothe racing community. Many of the published appeals are hypothetical rules questions submittedunder rule 70.4 (Appeals and Requests to a National Authority). These are called “Questions.”The Appeals Book was placed online in 2008, and can be found at appeals.ussailing.org. A linkto the World Sailing Case Book can also be found there.viJanuary 2021

The Appeals Book for 2021–2024MEMBERS OF THE US SAILING APPEALS COMMITTEECharles Francis AdamsClinton H. CraneJ. Amory JeffriesGeorge NicholsW. A. W. StewartJ. Lewis StackpoleHarold S. VanderbiltClare UdellHenry S. MorganGeorge R. HinmanJ. Herbert WareGeorge E. RooseveltF. Gregg BemisRobert N. Bavier, Jr.Henry H. Anderson, Jr.Richard B. NyeJames MichaelLynn A. WattersLynn G. Stedman, Jr.Theodore E. Tolson, Jr.Harman HawkinsWilliam H. Foulk, Jr.Richard S. LathamWilliam P. FickerWilliam BentsenMark H. BaxterDavid M. PerryThomas H. FarquharRoger W. EldridgeCharles A. CookCharles M. KoberCharles W. RaulstonFrederick H. HagedornPete IvesBradley W. DellenbaughJim CapronKirk S. BrownDean M. BrennerBryan H. McDonaldSteven C. ShepstoneDick RoseL. Douglas SloanJohn PrattJanuary 5–19801965–19901970–19781973–198319751976, 16–(ex officio 1945–1950)(ex officio 1958–1962), Chairman 1963–1972Chairman 1943–1961(ex officio 1951–1957)(ex officio 1963–1967)Chairman 1962(ex officio 1968–1972), Chairman 1973–1975(ex officio 1973–1975), Chairman 1976–1983(ex officio 1976)Chairman 1984–1988Chairman 1989–1991Chairman 1998–2002Chairman 2007–Chairman 1992–1995, 2003–2006Chairman 1996–1997vii

The Appeals Book for 2021–2024LETTERS USED TO DESIGNATE BOATS IN DIAGRAMSA, B, C, X, Y, Z, etc. .I.L.M.O.P.S.W.Any boatInside boatLeeward boatMiddle or intervening boatOutside boatPort-tack boatStarboard-tack boatWindward boatCombinations of these letters are also used.viiiJanuary 2021

The Appeals Book for 2021–2024INDEX OF KEY WORDS AND PHRASES IN US SAILING APPEALSTerms defined in The Racing Rules of Sailing are not listed in this Index. You can find Appealsand Questions interpreting defined terms in Section 2, Index of Abstracts.Note: The number(s) after the keywords or phrases are Appeal or Question numbers.abandonment after a race: 100adequate: 114advertising: 59allegations: 91anchor line: 10anticipate: 45, 92Appeals and Cases, status of: 99barging: 117changing course: 6, 12, 16, 33, 35, 52, 71, 89, 92changing rules: 56, 58, 87, 93class rules: 87collision: see contactcompelled: 2, 5, 12, 19, 78, 82, 92, 101competitors’ meeting: 40conflicting rules: 113conflicting testimony: 102conspicuously displayed: 66contact: 3, 6, 10, 12, 13, 16, 20, 24, 35, 36, 43, 45, 52, 56, 60, 71, 78, 92, 97continuing obstruction: 71crew: 23, 72, 98current: 30damage: 16, 35, 45, 52, 71, 97doubt: 92equipment: 59, 93excluded witness: 62exoneration: 2, 6, 7, 12, 19, 36, 78, 84, 86, 92, 101, 117, 119, 120finishing line: 16, 27, 34, 40, 61finishing place: 54, 64, 68, 101finishing mark: 26, 27, 86first reasonable opportunity: 46, 61, 67, 82, 122, 124, 125flag, blue: 34hail: 12, 13, 15, 19, 24, 27, 43, 45, 61, 65, 82, 122, 125head to wind: 12, 16, 78help: 93“Hold your course”: 27improper: 39, 40, 44, 54, 64, 84, 102, 112, 113, 118incident: 46, 61, 65, 67, 90, 125measurer: 22, 42measurement certificate: 22January 2021ix

The Appeals Book for 2021–2024measurement protest: 22, 42misconduct: 91no inside/outside: 97obstruction, boat racing: 2, 6, 12, 19, 24, 36, 45, 51outrigger: 23, 31penalty without a hearing: 84protest committee: 42, 94, 112protest flag: 46, 66, 67, 82, 124protest hail: 82, 122, 125protest time limit: 41, 90radio: 93rating certificate: 53reasonable doubt: 34, 92redress: 39, 40, 44, 54, 56, 64, 90, 100redress, without a hearing: 94rejecting an entry: 53reopen a hearing: 64, 84representative, party’s: 8, 112restricted area: 34right of appeal: 22, 56, 64right to protest: 18, 94room to tack: 2, 15, 19, 24rudder: 25safety: 39, 53sailing instructions: 22, 34, 40 53, 54, 56, 83scoring: 44series: 22, 54, 56, 64side: 123spinnaker: 31, 72spinnaker pole: 31starting line: 18, 34, 36, 40, 71, 101starting penalty: 96touching a mark: 10, 18, 26, 86, 92trash: 110Two-Turns Penalty: 46, 60unsolicited: 93validity of a protest: 41, 46, 61, 65, 66, 67, 69, 82, 90witness: 8, 62written decision: 8, 94, 111xJanuary 2021

The Appeals Book for 2021–2024INDEX OF APPEALS DELETED SINCE THE 1997–2000 EDITION* Indicates appeals deleted from The Appeals Book for 63*6873747576777980818588The appeal was redundant to World Sailing Case 1.The appeal was redundant to Appeal 36.Rule 42.2 was changed in 2005.The decision was no longer correct because of changes in rule 61.1(a) in 2001.Rule 17.2 was deleted in 2009.This 1965 appeal is now an unlikely situation given the advances in technology.There was no significant point to be made following the rule changes.The facts created an implausible situation.The facts were insufficient to support the decision and therefore it may have beenincorrect.The decision incorrectly held that when an overall trophy is awarded based on theperformances of boats racing in separate classes, those boats are racing in more thanone race at a time.World Sailing Case 92 discusses an almost identical incident.Changes in the rules in 2001 made the questions and answers less helpful.The facts were insufficient to decide the appeal.The decision was incorrect.The appeal was redundant with Appeal 40.The written facts and diagram were incongruous and did not support the decision.Now World Sailing Case 91.The decision was no longer correct because rule J2.1(5) was changed in 2001 torequire sailing instructions to identify all rounding marks.The US Sailing prescription to rule 86.3 has been changed in 2021.Rule 63.6(a) was changed in 2021 making the decision incorrect.The appeal was redundant to World Sailing Case 31, and its decision did not conformto the decision in Case 31 which says that the award of redress should reflect the factthat an OCS boat will lose time and distance when it returns to start.Now World Sailing Case 110.No longer needed.Now World Sailing Case 92.Now World Sailing Case 93.Now World Sailing Case 103.The preamble to Part 2 was changed in 2005.Now World Sailing Case 98.No longer needed.Now World Sailing Case 104.The appeal conflicted with World Sailing Case 112.January 2021xi

The Appeals Book for 2021–20249598104105106107108*109115*xiiThe phrase “about to round” was removed from rule 18 in 2009.Now World Sailing Case 110.Now World Sailing Case 119.Now World Sailing Case 118.The definition Mark-Room was changed in 2013.Rule 63.4 was changed making the facts insufficient to decide the appeal.The application of the rules is better explained in Appeal 119.The appeal was redundant to World Sailing Case 129.Now World Sailing Case 141.January 2021

The Appeals Book for 2021–2024SECTION 1 — INDEX OF APPEALS DIAGRAMSAt an Appeals Committee meeting in 1986, then Chairman Harman Hawkins was saying thatone way he looked for an appeal was to thumb through the Appeals Book looking for the diagramhe remembered for the appeal, and wouldn’t it be nice if there was an index of the diagramsto make it easier to find an appeal.Well, some 35 years later, his idea has come to life! The 36 diagrams in the Appeals Book as ofJanuary 1, 2021, are now compiled in this Index of Appeals Diagrams, sorted by areas of therace course to make it even easier and quicker to find an appeal that may be helpful or relevant.Note: Diagrams are limited to two-dimensional snapshots of each incident. They cannot showthe affect of the wind and waves, the heel and speed of boats and all the many other things thatcontribute to a real-life scenario. They should therefore not be used too literally, but rather asa tool to help recognize quickly and clearly the situation being addressed.Thank you, Harman, for your great idea!Dave Perry, ChairUS Sailing Appeals CommitteeAT THE STARTAPPEAL 5 — Part 2, Section C Preamble and rule 18.2WINDCOURSE TO FIRST MARKSTW2L2M2ARTINGLINEW1M1L1APPEAL 12 — Rules 14, 16.1 and 43.1WINDS TA R T I N G L I N ES1PW2PW1A P P R OX I M AT E LY1 . 5 B OAT L E N G T H SJanuary 2021CURRENTS2PL1PL2Appeals Diagrams IndexA–1

The Appeals Book for 2021–2024APPEAL 36 — Obstruction, Rule, rules 12, 14, 15, 19.2(b) and 43.1WINDS TA R T I N G L I N ERCW2M2W1L2M1L1APPEAL 43 — Rules 11, 14 and 15WINDS TA R T I N G L I N ERCW2W1L2L1APPEAL 71 — Rules 11, 16.1, 19.1 and 64.2WINDS TA R T I N G L I N ES E AWA L LB3B2B1A3A2A1A–2Appeals Diagrams IndexJanuary 2021

At the StartAPPEAL 78 — Room, rules 15, 43.1 and 60.3(a)(2)WIND11-14 KNOTSM3W3L3S TA R T I N G L I N EL2W2M2M1W1L1APPEAL 84 — Rules 19.2(b), 43.1(a), 60.3, 61.1(c), 64.2 and R5.4WINDRCW3M3W2W1L3M2L2M1L1APPEAL 117 —Room, rules 11, 16.1, Part 2, Section C Preamble and rule 43.1(b)WINDS TA R T I N G L I N ERC4344321W21M21L3January 2021Appeals Diagrams IndexA–3

The Appeals Book for 2021–2024APPEAL 119 —Rules 11, 14, 15, 16.1 and 43.1WINDS TA R T I N G L I N ERCProtest!5Protest!5Jalapeno4423412Zephyr V2.013Protest!ON UPWIND LEGSAPPEAL 15 — Obstruction, rules 20 and 43.1(a)L2WINDW250-FOOTPOLICE LAUNCHW1L1CAPSIZED BOATAPPEAL 17 — Rule 13MarkWINDLAYLINE3–5 MPHW4L4W3L3W2L2L1January 2021Appeals Diagrams IndexW1A–4

At the Start and On Upwind LegsAPPEAL 19 — Rules 20.2(c) and 43.1(a)WINDCOURSE TO NEXT MARK15 KNOTSPW2S2PL2PW1S1PL1APPEAL 24 — Rules 14, 15, 19.2 and 20WINDS4PW4PW3PL4PW2S3PL3PL2S2PW1PL1S1APPEAL 27 — Rule 10WINDFINISHING LINEP2S2RCP1S1January 2021Appeals Diagrams IndexA–5

The Appeals Book for 2021–2024APPEAL 35 — Rules 13, 14, 16.1, 16.2, 43.1(b) and 64.2WIND35 KNOTSMarkA2A3B3A1B2B1APPEAL 45 — Rules 13, 14 and 20.2WINDS2PW2PL2S1PW1PL1APPEAL 120 — Rules 10, 16.1 and 43.1(b)WIND44Protest!33222Wonder11Jam SessionJanuary 2021Appeals Diagrams Index1WalloppingSwedeA–6

On Upwind Legs and At Windward MarksAT WINDWARD MARKSAPPEAL 2 — Rules 10, 20 and 43.1(a)WINDPW412–15 KNOTSS4MarkCOURSE TONEXT Roomto Tack!”APPEAL 70 — Rules 11, 17 and 18.2(b)WINDW3L3W2L2W1L1January 2021Appeals Diagrams IndexA–7

The Appeals Book for 2021–2024APPEAL 89 — Mark-Room,rules 13, 18.1, 18.2(b), 18.2(c) and 18.2(d)WINDWINDMICOURSE TONEXT MARKBOIMBOI L L U S T R AT I O N 1I L L U S T R AT I O N 2APPEAL 97 — Clear Astern and Clear Ahead; Overlap,rules 10, 14, 18.1 and 18.2Direction to nextmark for Air Boss1WIND2Air Boss3Silhouette4656CC Rider5654433Direction to next markfor Silhouette and CC Rider2121A–8Appeals Diagrams IndexJanuary 2021

At Windward Marks and On Downwind LegsAPPEAL 103 — Sail the Course and rule 28.1Race Deck Starting/Finishing LineMark 4Knox FinishMark 18Course sailed by most boatsCourse sailed by protestorsMark 8ON DOWNWIND LEGSAPPEAL 4 — Proper Course, rules 17 and 19.2(b)WINDM1W150'L1M225'W215'L2M3W3L3January 2021Appeals Diagrams IndexA–9

The Appeals Book for 2021–2024APPEAL 6 — Obstruction, Room, rules 10, 11, 19.2(b), 43.1 and 64.2WS1WINDAPPROXIMATELY7 MPHM1WS25 LENGTHSM2L1WS3M3L2M4L3WS4L4APPEAL 13 — Proper Course, rules 11 and 17W1WINDW2L1W3L2W4L3COLLISION1.2 MILES TO NEXT MARKL4APPEAL 52 — Rules 11, 14 and 15W1WINDL1W2RCS TA R T I N G L I N EL2A–10Appeals Diagrams IndexJanuary 2021

On Downwind LegsAPPEAL 60 — Rules 44.1 and 44.2WINDA P P R OX I MAT E LY1 0 B OAT L E N G T H SW3W1L1W2MarkQUESTION 123 — Rules 19.1 and 19.2WINDWB R E A K WAT E RLWB R E A K WAT E RWB R E A K WAT E RWINDWINDLLSITUATION 1January 2021SITUATION 2Appeals Diagrams IndexSITUATION 3A–11

The Appeals Book for 2

Another useful feature is the Index of Key Words and Phrases in the US Sailing Appeals, on page ix. There you will find appeals interpreting phrases such as “changing course,” “first reasonable opportunity” and “reasonable doubt.” A new Index in this book is the Index of Appeals Diagrams, on page A-1. At an Appeals Commit-

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