Rolex Big Boat Series 2022 Ethical Dilemma?
Here’s the situation.
The SI’s clearly define a restricted area as the zone around Piers 39 and 43 ½ which is marked by temporary white buoys. These buoys are placed by the race committee in order to keep competitors away from the commercial ferry traffic coming in and out of that area. Whereas in prior years, boats were allowed to enter the area as long as they came back out to pass to the outside of each buoy, this year’s SIs forbid boats from going between these white buoys.
But the SI’s, for some reason, make this a “NP” rule, meaning that a competitor cannot file a protest relating to it.
In race 4 you find yourself pinned on the wrong side of the course and are going up the city front when most of the fleet is getting relief from the flood tide in the cone. You seek relief from the flood by sailing in towards Piers 39 and 41 ½, extending well inside the restricted area. By doing so, you gain a substantial advantage vs. those boats on the city front that stay outside of the restricted area.
Several boats saw your infraction. One pulled a flag and hailed protest, but none filed because of the NP restriction.
You are able to claw back to finish 3rd in that race and go on to win the regatta nine points ahead of the 2nd place boat in a very large fleet. Other than this race, you’ve sailed a nearly flawless regatta and absolutely deserve to win the Rolex.
What do you do?
Here’s the situation.
The SI’s clearly define a restricted area as the zone around Piers 39 and 43 ½ which is marked by temporary white buoys. These buoys are placed by the race committee in order to keep competitors away from the commercial ferry traffic coming in and out of that area. Whereas in prior years, boats were allowed to enter the area as long as they came back out to pass to the outside of each buoy, this year’s SIs forbid boats from going between these white buoys.
8. AREAS THAT ARE OBSTRUCTIONS [NP] [DP]
Each line bound by the following two points is designated as an obstruction. Boats are prohibited from crossing any of these lines while racing.
j. The white temporary buoy off of Pier 39 mentioned in SI 8.h and the white temporary buoy off of Pier 43-1/2 mentioned in SI 8.i.
But the SI’s, for some reason, make this a “NP” rule, meaning that a competitor cannot file a protest relating to it.
The notation [NP] in a rule in the SI means it shall not be grounds for protest by a boat. This changes RRS 60.1(a).
In race 4 you find yourself pinned on the wrong side of the course and are going up the city front when most of the fleet is getting relief from the flood tide in the cone. You seek relief from the flood by sailing in towards Piers 39 and 41 ½, extending well inside the restricted area. By doing so, you gain a substantial advantage vs. those boats on the city front that stay outside of the restricted area.
Several boats saw your infraction. One pulled a flag and hailed protest, but none filed because of the NP restriction.
You are able to claw back to finish 3rd in that race and go on to win the regatta nine points ahead of the 2nd place boat in a very large fleet. Other than this race, you’ve sailed a nearly flawless regatta and absolutely deserve to win the Rolex.
What do you do?