Protest Number: 11
|Event: Audi Etchells Worlds 2009||Race Number: 6|
|Protesting Boat: Sail # 1325 "Festina 2 "||Protested Boat: |
|Protest Details: SI 21.3|
| ||Sailing Instruction 21.3 is made up of two sentences. The first sentence state that "Each crew member of each boat WILL be reweighed at RBYC, Olympic Room on Thursday March 12th between the hours of 0800 hrs and 1000 to ensure compliance with One Design Rule 7.1."|
The second states "Crews that fail to make the weight limit will be be scored DNS for all races sailed on that day and for all subsequent races until such time as they comply with One Design Rule 7.1"
Four boats did not weight in before 1000 hrs on March 12th
Four other boats were reweighed after 1000hrs after gaining prior approval to do so.
All of the crews involved weighed in under the weight limit
Three of the boats that failed to weight in prior to 1000hrs competed in the race on that day and were scored in their finishing position
The fourth boat (BER 1249) did not compete in the race on that day as he believed he would be scored DNS and that he did not want to interfere with other boats that were eligble to be scored in that race.
The Race Committee considered the first sentence of SI 21.3 and determined that the weigh-in was not mandatory as the Sailing Instruction only stated "will" which under ISAF interpretations as contained in the Judges manual that states only the words 'Shall' and "Must" are mandatory and the word "Will" is only intention of what the RC may do.
The RC also considered that under the second sentence that as the crews weight was under the limit thay can not be scored DNS and were therefore scored in their finishing positions.
| ||The Race Committee made an error in publishing Sailing Instruction 21.3 that was ambigious and did not clearly refect its intentions|
The Race Committee did not make an improper action or ommission in their interpretation of the sailing instruction 21.3
BER 1249 did not sail in race 6 as he believed he would be scored DNS and he did not want to interfere with other boats that would be scored and was disadvantaged by the ambiguity of the sailing instruction
| ||Redress granted as follows|
BER 1249 shall be scored in race 6 her average points from races one to five.