When necessary, was ‘Protest’ hailed and, if required, a red flag displayed correctly? (rule 60.2(a)(1)). There are 22 WS Cases, RYA Cases, Sail Canada Appeals and US Appeals that interpret and explain the rule.  

Rule 60.2(a)(1) – Intention to Protest 

1.       WS Case 72 – Discussion of the word ‘flag’. (rule 60.2(a)(1)) 

2.       WS Case 85 –If a racing rule is not one of the rules listed in rule 86.1(c), class rules are not permitted to change it. If a class rule attempts to change such a rule, that class rule is not valid and does not apply. (rule 60.2(a)(1)) 

3.       RYA Case 1996/2 – When a boat sees an incident between two other boats in the racing area and wishes to protest one or both of them, she must display a protest flag, when applicable, at the first reasonable opportunity after the incident. (rule 60.2(a)(1)) 

4.       RYA Case 1999/1 – A protest flag must be kept close at hand. A boat that waits to see whether another boat will take a penalty before displaying a protest flag has not acted at the first reasonable opportunity. A protest committee need not investigate the promptness of the display of a protest flag when no question of delay arises in the written protest, and when the protestee, when asked, makes no objection. When a boat that is already displaying a protest flag wishes to protest again, only a hail is required. (rule 60.2(a)(1)) 

5.       RYA Case 2001/13 – A glove cannot be a protest flag. 

When the display of a protest flag is required but not complied with, a protestee’s objection at the start of a hearing to the validity of the protest is to be upheld even if the protestee must have been well aware of the intention to protest. (rule 60.2(a)(1)) 

6.       RYA Case 2002/7 – Any use of ‘Protest’ as a noun or verb will comply with a requirement to hail ‘Protest’. 

When rule 60.2(a)(1) applies, whether as printed or as altered by Appendix B, E or F, the only obligation of a boat intending to protest is to hail 'Protest' and, when required, display a red flag, in compliance with the rule. 

The protest hail procedure in radio sailing racing requires the number of the protesting boat to precede the number of the protested boat, with the word ‘protest’ or a variant thereof between the numbers. (rule 60.2(a)(1)) 

7.       US Appeal 46 – The failure of a boat to take a Two-Turns Penalty does not break a rule. A boat may not be disqualified for an incident not described in a valid protest. (rule 60.2(a)(1)) 

8.       US Appeal 61 – "First reasonable opportunity" means as soon as practicable, not as soon as convenient. (rule 60.2(a)(1)) 

9.       US Appeal 65 – The test of whether two occurrences were one or two incidents is whether the second occurrence was the inevitable result of the first. A boat intending to protest another boat for two incidents during a race, no matter how close in time, must inform the protested boat that two protests will be lodged. (rule 60.2(a)(1)) 

10.   US Appeal 66 – A 2-inch by 8-inch protest flag on a 40-foot boat is not of sufficient size or of suitable proportions to be “conspicuously displayed.” (rule 60.2(a)(1)) 

11.   US Appeal 67 – Failure to display a protest flag during a period of time when some member of the crew is not otherwise occupied is a failure to display it “at the first reasonable opportunity.” If a protest flag is not displayed at the first reasonable opportunity, the protest is invalid and the hearing must be closed. (rule 60.2(a)(1)) 

12.   US Appeal 82 – A boat is not obligated to give priority to displaying a protest flag at the cost of the crew failing to act to keep the boat under control or delaying a spinnaker set. (rule 60.2(a)(1)) 

13.   US Appeal 122 – The “first reasonable opportunity” to hail “Protest” is the first reasonable time after an incident when a boat is able to hail “Protest,” which is usually immediately. (rule 60.2(a)(1)) 

14.   US Appeal 124 – A protest flag flown 10–15 seconds after an incident, when a member of the crew is able to retrieve and display the flag in that time and acts to do so, is consistent with displaying the flag at the “first reasonable opportunity.” (rule 60.2(a)(1)) 

15.   US Appeal 125 – An interpretation of the term “incident” in rule 60.2, and when a boat must hail “Protest” and fly a flag (if required) when the incident is not brief. (rule 60.2(a)(1)) 

16.   Sail Canada Appeal 15 – A boat intending to protest must hail “protest” at the first reasonable opportunity, but failure of her hail to be heard does not invalidate her protest. The fact that a protestee did not know she was being protested is not, by itself, grounds for not hearing a protest. If a party to the hearing does not attend the hearing, the protest committee may nevertheless decide the protest. If the party was unavoidably absent, the committee may reopen the hearing.(rule 60.2(a)(1)) 

17.   Sail Canada Appeal 19 – A boat greater than 6 metres in length intending to protest because of an incident in the racing area that she saw shall hail “protest” and conspicuously display a red flag at the first reasonable opportunity for each.(rule 60.2(a)(1)) 

18.   Sail Canada Appeal 63 – For boats greater in length than 6 metres, a protest flag must be perceived to be a flag. The flag must be displayed at the first reasonable opportunity. For a fully-crewed boat, compelling evidence would be required to justify display within minutes, rather than seconds of an incident. Failure to meet these requirements will render a protest invalid.(rule 60.2(a)(1)) 

19.   Sail Canada Appeal 88 – A boat with multiple crew is not relieved from the requirement to display a protest flag as soon as reasonably possible if a problem aboard does not put the boat and its crew in danger.(rule 60.2(a)(1)) 

20.   Sail Canada Appeal 103 – A protest flag shall be displayed at the first reasonable opportunity. Neither the proximity of other boats nor sailing short-handed provides relief from this requirement.(rule 60.2(a)(1)) 

21.   Sail Canada Appeal 106 – A short-handed crew is not relieved of the responsibility to hail protest and display a red flag at the first reasonable opportunity for each. Parties to a hearing have the right to be present if a protest committee reconvenes to take new evidence or to provide new written facts or diagram. World Sailing Cases are binding as authoritative interpretations of the rules. MNA appeals decisions are not authoritative, but they may provide guidance. The appeals of one MNA do not have more importance than those of another. (rule 60.2(a)(1)) 

22.   Sail Canada Appeal 114 – A boat intending to protest must display a protest flag at the first reasonable opportunity. An incident that results in damage that is not obviously serious to the protesting boat at the time of the incident does not relieve the boat of this obligation.(rule 60.2(a)(1)) 

Re:"...such as tort law...": Legal Definition of ‘Reasonable’: fair, proper, or moderate under the circumstances.
Reasonable means what a sensible, average person would consider fair, proper, or appropriate under the circumstances
In legal contexts, it refers to an objective standard courts use to judge whether someone’s actions, beliefs, or decisions meet the expectations of ordinary judgment:

Mark covers the case law, and there are probably others. I don't think there's any doubt about the meaning of the rule.

However I think its a bad rule. To follow up on Richard's last sentence,  I'm not aware of many jurisdictions where a failure to shout "Stop Thief" after being robbed means that a subsequent prosecution is inevitably abandoned.

FWIW .. I've incorporated one of RYA 1999/1's lessons into any hearing I chair. 

Just did this last Wed night. The protest filing stated a timely flag and proper hail.   Protestee had the written protest before the hearing. 

To the protestor, "You indicate in your written filing that you hailed "protest" immediately and flew a red flag within 5 sec's of the incident. Is that still your testimony or would you like to modify anything?"  

Then to the protestee, "Do you have any objection or testimony you'd like to give regarding the hail and flag?"

I find it really cuts down on the wrangling we need to do when we try to ask the open question .. "what if anything did you do at the time of the incident to notify the protestee of your intention to protest?" .. which 90% of the time they start into a description of the incident. 

Thank you Mark and John and Jim.

I'd like to focus this thread on the dry facts.

In rowing I think there's a raised hand at the time of an incident to have an umpire review for interference, but that's closer to umpired racing than normal fleet racing.

Torts have filing deadlines on the order of 2-3 years, which are analogous to the protest time limit.

Any other-sport or legal analogs of the RRS 60.2(a)(1) hail-and-flag requirements?