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The Racing Rules of Sailing

No Flag No Foul

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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
In another post I said I would quite like to see the construct of RRS 44 changed so that time for a boat to take an on-water penalty ran from the hail of 'protest'."

Tentatively, the change would be to replace 'the incident' in RRS 44.2 and 44.3 with 'the hail of "protest" and, if required, the display of a red flag'

What I had in mind (with some trepidation) was moving towards a 'No Flag No Foul' approach.

If there is no hail of 'protest' and if required display of red flag at the first reasonable opportunity, I am proposing that the there should be no obligation on a boat to take a RRS 44 penalty.

If there is no  If there is no hail of 'protest' and if required display of red flag at the first reasonable opportunity there can be no valid protest and no hearing.

I think it is fair and just to say that a boat should not be required to voluntarily take a penalty when there is no power to give an involuntary penalty.

Maybe an interpretation of 'promptly take an appropriate penalty' would be needed as follows:

A boat may promptly take an appropriate penalty by:
  1. taking a penalty in accordance with RRS 44;
  2. taking a post-race penalty in accordance with RRS T1;  or
  3. accepting, subject to any request for re-opening or Appeal, the decision of a protest committee penalising her.
Created: Today 00:12

Comments

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Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
John .. all this is adjustable by NOR/SI.  Maybe a first step is to formulate NOR/SI language and try to convince some "Beer Cans" to adopt them and see how it goes.  

I predict 'Mad Max Thunderdome' in very short order. 
Created: Today 00:17
Doug McKnight
Nationality: United States
Certifications:
  • Regional Judge
  • Club Race Officer
If there is no hail of 'protest' and if required display of red flag at the first reasonable opportunity, I am proposing that the there should be no obligation on a boat to take a RRS 44 penalty.

How does that fit with Basic Principles ?
Created: Today 01:58
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
Doug, How does that fit with Basic Principles ?

See the suggested interpretation of 'promptly take an appropriate penalty'.
Created: Today 02:02
Reply to: 21879 - John Allan
I agree. My view is that the RRS require compliance with the rules without a competitor pointing it out. 
Created: Today 02:08
I don't think that's a good idea... I sail dinghy's that do not require flags with sailors that don't wear their hearing aids on the water.
Created: Today 02:23
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
Thanks Timothy, really interested in practical problems.
Created: Today 02:26
Didier Greze
Nationality: France
Certifications:
  • National Umpire
  • National Judge
Î’m rather disapointed  with that. Our sport is based on fair Sailing. So if a boat thinks she may have infreaged a Rule she takes the appropriate penalty. That’s it, Now just an instance a boat wthout any other boats closed to her hits a mark other boats are very far away so far quite impossible to see any red flag. If we agree with te proposal no flag no foul. Is that kind of Sailing we want? sorry but not for me definitively. And what about the exoneration for red flag due damage or injury? 
I remember a case during the Fastnet some years ago. We had a RRS 14 hearing the protestor had very serious damages obliged to sail back to Cowes (incident taking place just after the start) 
Questions to the protestee: 
«jury - did you see the serious damages on the other boat after the contacte?  
Boat - yes
Jury - what didn’t you retire
Boat - the other boat didn’t sink »
Game over 😇

Created: Today 03:21
" What I had in mind (with some trepidation) was moving towards a 'No Flag No Foul' approach.

If there is no hail of 'protest' and if required display of red flag at the first reasonable opportunity, I am proposing that the there should be no obligation on a boat to take a RRS 44 penalty. "

My old sailing sailing mentor - Paul Elvstrøm would be doing 360's in his grave if he heard your proposal............

I think this would be a very big step in the wrong direction 
Created: Today 03:29
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
Didier said:

Î’m rather disapointed  with that. Our sport is based on fair Sailing.

Exactly how do you think the suggestion is not fair?

It's exactly what we do in Match Racing.  Are you suggesting that Match Racing isn't fair?
Created: Today 05:05
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
Didier said:
 
So if a boat thinks she may have infringed a Rule she takes the appropriate penalty. That’s it,

No, that's not it.

If a boat thinks she may have broken a rule, she may take a RRS 44 penalty (RRS 44.1).  RRS 44 does not require a boat to take an on-water penalty.

Now just an instance a boat wthout any other boats closed to her hits a mark other boats are very far away so far quite impossible to see any red flag. If we agree with te proposal no flag no foul.

In this situation, if other boats are so far away from the mark that they cannot see whether a boat touches it or not, how does whether she takes a penalty or not affect the outcome of the race?

 Is that kind of Sailing we want? sorry but not for me definitively.


 And what about the exoneration for red flag due damage or injury? 

OK, maybe the thread title was a little bit glib and possibly misleading.  I'm not suggesting that somehow if there is no hail and flag then no rule has actually been broken.  What is suggested is that a boat is not required to take a RRS 44 penalty.

Part of the justification for that suggestion is that in most cases, without a hail and flag, there can be no valid protest and a protest committee could not penalise the boat.

In the case of injury or serious damaged:
  • RRS 44.1(b) requires the boat breaking the rule to retire, and
  • in those circumstances hail and flag are not requirements for a valid protest and a protest committee can appropriately penalise the boat in a protest hearing.

I remember a case during the Fastnet some years ago. We had a RRS 14 hearing the protestor had very serious damages obliged to sail back to Cowes (incident taking place just after the start) 
Questions to the protestee: 
«jury - did you see the serious damages on the other boat after the contacte?  
Boat - yes
Jury - what didn’t you retire
Boat - the other boat didn’t sink »
Game over 😇 

So, there was serious damage, there was a valid protest and the boat was penalises.

That's exactly how we all know the rules work. 
Created: Today 05:05
Capt Tribhuwan Jaiswal
Nationality: India
Certifications:
  • International Judge
  • National Race Officer
We all know sailing is a "self-policing sport" and the basic principle obliges a sailor to take appropriate penalty for breach of a rule. This in my opinion is a very unique and inspiring feature of sailing as a sport which probably no other sport can boast of. 

Whist taking rules classes I lay a lot of stress on this self -enforcing aspect for fair play. Most parents of young sailors often agree on the impact this particular aspect can have on a young individual's personality development. 

The suggestion of "no flag no penalty" would lead to diminishing this spirit of self-policing by the sailors and thus affect the "fair play and the sportsman spirit".

To me it is definitely a thought leading in the wrong direction
Created: Today 05:27
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
Tribhuwan Jaiswal,
With the greatest respect for your sportsmanlike attitude, I think that sailboat racing is game with rules designed to enable serious athletic competition between participants.

I understand and share your pride in the sportsmanlike culture that exists and we try to foster, but I think that if you, or others, wish to use sailing racing as a vehicle to develop the character of young people, you need to take the game as you find it, not massage the game around into an ethical exercise.
Created: Today 12:49
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John Quirk
Nationality: New Zealand
Certifications:
  • National Judge
  • Judge In Training
An interesting initiative: sailors self-policing more out on the racetrack and a given boat can decide whether they are really affected by another offending boat or not (if so, raise flag, hail and perhaps also use whistles); and cuts down a bit on organisation staffing. Some sort of equivalency already also: boat breaks a rule, boat protests but protest gets quashed by the Jury as no flag or hail or late getting the protest submitted etc.
Perhaps viable for social racing like twilight racing and club social regattas etc - we have one such regatta coming up here soon and will see if the OA is interested in 'trialing' this approach (NOR/SI language) and just gauge how it goes. Above that local level of racing, I would think that the current RRS stands, for the reasons given.
Created: Today 05:45
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Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
Reply to: 21889 - John Quirk
John Q re: "and a given boat can decide whether they are really affected by another offending boat or not (if so, raise flag"

If one was talking about Match Racing with only 2 boats and no umpire boats .. yea maybe.  But we are talking about Fleet racing. 

When one boat is not exonerated for a rule breach, that boat does not only benefit relative to a single boat involved ... but also the entire fleet. 

Take for instance a boat barging at the RC at the start.  The closest ROW boat that changes course and let's her in and says "no problem .. I only altered course a little .. you owe me one next time" .. has now given that barger a controlling position on all the boats in the fleet .. and an advantage by not forcing that boat to duck or spin-out at the RC boat. That's a huge advantage that boat has gained against the fleet. 

Or perhaps a port tracker inside the zone cutting too close in front of a line of boats on the starboard layline.  The first in that line lets them go without a protest .. but now that boat is ahead of the line instead of them having to take the stern of those boats.

This creates an uneven playing field as some boats will protest and others will not.

Over time .. pairs of boats create their own tally's of who owes each other a "protest-pass" and they get to bank future advantages against other boats in the fleet. Or worse .. boats agree to never protest each other .. given them advantages against the fleet.

Bottom line (for me at least) ... is that when a boat breaks a unexonerated rule in a fleet race, they gain an advantage against all the boats in the fleet, which is incalculable by a single boat in the moment of the incident.   

This is already a problem in our sport .. this would make it worse IMHO.  
Created: Today 11:48
Anthony Howes
Nationality: South Africa
Certifications:
  • Measurer in Training
  • Judge In Training
  • Regional Race Officer
  • Club Race Officer
Is this not the first job of a protest committee?  

  • Was there a call on the water (with a flag if needed) and did the protestor inform the protestee.  
  • Then was the protest handed in on time?
Created: Today 10:21
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
Ant,  Is this not the first job of a protest committee? 
Was there a call on the water (with a flag if needed) and did the protestor inform the protestee.  

And if there wasn't (and none of the exceptions in RRS 6.2(b) apply) ... The protest committee closes the hearing (RRS 63.4(a)(1)).

So, in that case, why should anybody be concerned whether the protestee broke a rule or not?
Created: Today 10:29
Anthony Howes
Nationality: South Africa
Certifications:
  • Measurer in Training
  • Judge In Training
  • Regional Race Officer
  • Club Race Officer
Reply to: 21891 - John Allan
Correct!  

I think we are saying the same thing - If there is no call for protest on the water there is no protest.

Tentatively, the change would be to replace 'the incident' in RRS 44.2 and 44.3 with 'the hail of "protest" and, if required, the display of a red flag'

I'm saying:  is it not implied already?  However, what you propose does make it more clear and i like it.

Created: Today 11:39
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
Several posters have suggested that this might be suitable for low level 'beercan' events.

I wouldn't go along with that.  I think that those sorts of events are the sort where more emphasis on sportsmanship is appropriate.

I think the suggestion might be suitable for more serious events where the sailors know what they are doing.
Created: Today 10:31
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John Quirk
Nationality: New Zealand
Certifications:
  • National Judge
  • Judge In Training
Reply to: 21892 - John Allan
The coming event here that I will discuss this initiative-approach with is the annual 'PGYC All Souls Regatta 2026' - already posted on RRS Events and attracts competitive boats from all over the Philippines. As such, a representative enough trial for now I would say.
Created: Today 11:27
Jim Champ
Nationality: United Kingdom
To my mind the 'no flag, no foul' attitude is already a problem for rule observance. Imagine if any other form of justice was dependant on the victim correctly following the precise procedure immediately following the crime.
"You didn't see the burglar and shout 'stop thief'' within 30 seconds? Case dismissed."

My own feeling is that it should go the other way, and if the flag or hail is too slow then the protest should be heard, but the penalty reduced from DSQ if the PC finds the protested boat did not have the opportunity to take an alternative penalty. 

Now I think of it I think I'd support a lesser penalty than DSQ for any part 2 incident that didn't involve contact.
Created: Today 10:59
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
John Q:   The coming event here that I will discuss this initiative- 

I wouldn't be too premature.

It's a suggestion.  I'm not saying that it's a good suggestion.

Timothy has already identified one practical difficulty with hails not heard.  There may well be other problems.  That's why I started the thead:  to explore any difficulties.

I'd let this discussion go on a bit further before talking to an OA.
Created: Today 13:30
Tom Sollas
Nationality: United States
Certifications:
  • National Judge
Consider a starboard tacker waving across a port tacker and potentially ducking for tactical reasons. Technically, P has broken 10; but S doesn’t protest because tactically the duck made sense for S.

P, however, still breaks 10 and the Basic Priciples; which require her to take a penalty for which she is not exonerated for. Her failure to do so potentially puts her afoul for Rule 2.

That said, I don’t think a change to the Basic Principles is the right approach. Instead, a change to how exoneration works might be a better approach. Say exoneration is adjusted to allow a boat that broke a rule because the other boat allowed it (e.g. S let P cross, therefore P is exonerated, something along those lines), P would no longer break the Basic Principles.


Created: Today 13:33
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Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
Reply to: 21903 - Tom Sollas
Tom .. re: a boat broke a rule because another boat allowed it.

See comment above.  This has no place in fleet racing IMO.  We are making each boat a roaming PC. 

Let's flip or maybe perfect the construct .. what's good for the goose and all ... 

If a boat has the ability to allow a boat to break a rule without penalty .. shouldn't that same boat's determination be able to apply a penalty?  If they are so wise about the "fairness" of the situation ... why shouldn't that boat be able to simply impose a penalty in another boat?
Created: Today 13:42
Jim Champ
Nationality: United Kingdom
Reply to: 21903 - Tom Sollas
> Consider a starboard tacker waving across a port tacker and potentially ducking 
> for tactical reasons. Technically, P has broken 10

Not sure... If Starboard waves across port and does not duck Port has not broken a rule. If Starboard waves Port across then as soon as they start to duck have they not assumed a responsibility under 16.1 to give Port room to keep clear? So in that situation isn't there at most a very narrow window in which Port breaks 10? Is there an argument that at all times Port was clear, even if it was by the co-operation of Starboard?
Created: Today 14:45
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
Angelo said:  John Q re: "and a given boat can decide whether they are really affected by another offending boat or not (if so, raise flag"

As the rules stand, a given boat can always decide whether to hail 'protest' and whether or not to actually protest another boat.

RRS 60.1 says A boat ... may protest a boat.

No rule requires a boat to protest.  Ever.

The suggestion I have made does not change that in any way.
Created: Today 13:58
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Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
Reply to: 21906 - John Allan
Correct .. but the onus is still on a boat that has broken a rule .. and has gained an incalculable advantage on other boats .. that onus is on them to take a penalty. 

On Wed night in very light conditions .. a boat clearly broke rule 10 against me.  "Sorry .. I thought I could make it" he said.  

"Are you going to take a penalty?" I asked (Wed races are scoring penalties only). He said he would (with a reluctant "sure").   There was no doubt about the rule breach and no doubt that there was no exoneration. 

This is a new boat to the fleet ... and honestly I didn't protest him as a test of his character (sizing him up as a man of his word and all that). Unfortunately he failed the test and did not file his penalty acceptance. 

Duly noted. 
Created: Today 14:22
Tom Sollas
Nationality: United States
Certifications:
  • National Judge
Angelo, this happens in every fleet race, and under the rules, using my example, another boat could protest P for breaking 10, even though S waves her across.

If the idea is that there’s no foul unless someone protests, that doesn’t solve this issue.
Created: Today 14:03
Niko Kotsatos
Nationality: United States
Certifications:
  • Judge In Training
Reply to: 21907 - Tom Sollas
Is it actually true that there is a foul when a boat gets waived across?
It seems to me that the Starboard boat is altering course early, choosing to pass behind port for strategic reasons, and adding a verbal comment to make her intentions clear.* Indeed I often waive people across who are already clearing me so that they can sail fast, and avoid choking and fouling and screwing me up.

The exception is people forgiving their buddy after a foul (usually when a cross misses by 1-2 feet.)
Created: Today 15:20
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
JimC To my mind the 'no flag, no foul' attitude is already a problem for rule observance.

What, exactly, do you think the 'problem' is?

You seem to be saying that you think the existing reqirements for prompt hail and flag are making the problem, whatever it is worse.

Those requirements have been around since about 1983. Are they suddenly causing problems?

 Imagine if any other form of justice was dependant on the victim correctly following the precise procedure immediately following the crime.
"You didn't see the burglar and shout 'stop thief'' within 30 seconds? Case dismissed." 

As I said to Tribhuwan sailing racing is a game.  The rules attempt to ensure fairness and justice, but sometimes they don't work perfectly.  Sometimes they preference justice over fairness, sometimes the other way round.
Created: Today 14:07
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
JImC  My own feeling is that it should go the other way, and if the flag or hail is too slow then the protest should be heard, but the penalty reduced from DSQ if the PC finds the protested boat did not have the opportunity to take an alternative penalty. 

That's a really interesting idea that I think deserves some discussion.
Created: Today 14:22
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
JimC  Now I think of it I think I'd support a lesser penalty than DSQ for any part 2 incident that didn't involve contact.

In my experience this is a bad idea.

Our club tried discretionary penalties for Part 2 incidents for our Winter Sundays for a while.

My personal experience was we were in a port/starboard cross with us on starboard, and when we hailed, the skipper of the other boat responded: 'Its only a Sunday race' and stood on so we had to avoid him.  Unsurprisingly we protested.  The protest committee penalised the other boat 2 places.

We only protested because the other skipper was rude and knowingly broke a rule, but we didn't want to make a RRS 2 fuss.

So, what soft penalties will lead to is every simple Part 2 protest will also become a RRS 2 protest, in order to get the higher penalty.  This will lead to acrimony and disharmony.

If you were thinking of going the other way and imposing a more severe penalty for contact, or contact with damage, I'd just say that DNE is a serious penalty currently reserved for a breach of sportsmanship and fair sailing:  I don't think it would be appropriate for mere contact.
Created: Today 14:30
Vince Harris
Nationality: United States
Certifications:
  • Club Judge
Interesting idea and discussion.  I do wonder if it would result in some 'deal-making' between boats, which really rubs me the wrong way.

John:  Several posters have suggested that this might be suitable for low level 'beercan' events.

I wouldn't go along with that.  I think that those sorts of events are the sort where more emphasis on sportsmanship is appropriate.

I think the suggestion might be suitable for more serious events where the sailors know what they are doing. 

That said, I wonder about trying it with my small club of ILCA sailors for our informal racing.  It's a casual group.  They like to race, but most don't get out in 'the real world', and their knowledge of the rules is thin.  But they're not cavalier about breaking them.  Still... I'm not sure I've ever heard someone hail 'protest'.  

I might try for one day running it this way.  It will force people to think about the rules and whether they've seen a breach.... and hail 'protest.'  It could be interesting.  Maybe it will result in a hearing (I've been itching to have one)!
Created: Today 15:33
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Benjamin Harding
Nationality: Hong Kong
Certifications:
  • International Judge
  • National Judge
In cricket there must be an appeal for an umpire to give out. A batsman is not obliged to walk. 

No shout, not out!

It works in cricket.  And they say cricket is a true gentleman's sport. ( Sorry to Americans who haven't got a clue what I'm talking about.) 

My point is that sportsmanship and ethos molds around the rules of the game.  The sport won't fall into anarchy overnight.  In fact, I can't it as much different. The basic principals don't seem affected. 

The effect of the proposal would be to simply cause the flag to come out more and the shouts to be louder, and eliminate some of the grey cases. 

Is this what John is trying to fix or do? Or am I missing something?  John? 

I need to think more about this before I dismiss this. I don't really understand what the aim is. At the same time, I don't really understand what all the fuss against is. 
Created: Today 15:45
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Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
Ben re: "At the same time, I don't really understand what all the fuss against is. "

In Cricket only 1 team is playing another.  As far as I know .. there isn't anything like a fleet-cricket match where multiple teams are playing against each other.  

That's where this breaks down in my mind and that's where my "fuss" is about (see my detailed explaination above).  One on One forms of competition (or one team on one team) .. no protest no foul can work.   
Created: Today 17:35
The very big difference between the strawberries and clotted cream game and sailing is that you have an umpire, which is not the case for the sailing issue at hand 
Created: Today 17:37
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