Charlie: 

If NC (the middle boat) cannot head up when you try to take her up, she will be 
exonerated at your protest hearing if she protested the windward boat at the 
first reasonable opportunity and she raised her protest flag at the first 
reasonable opportunity . Otherwise, her protest will not be heard, the windward 
boat will get off even though she broke a rule, and at your protest hearing, NC 
should be disqualified. In the past experience that you referred to, the middle 
boat should have been disqualified, unless she took a two turns penalty. If she 
didn't do her turns, the protest committee erred by exonerating her. Rule 61 
and sub paragraphs of the RRS cover protest requirements. It's always a good 
idea to protest a boat that has broken a rule, since it might make a difference 
between exoneration and disqualification. 

Alan Bergen 
35 Mk III Thirsty 
Rose City YC 
Portland, OR 


I hope some of the racers among the list might want to chime in on the 
following. 
Before the start this weekend, 2 boats 'barged' down the line, one immediately 
to windward and starboard of me (WP) who I protested immediately after the 
incident, hailed that I(WP) protested him (NC) and flew the red flag. He (NC) 
did not protest the boat to weather of him until all of us were near the 
weather mark. Either for that or another technical reason, his (NC) protest was 
thrown out (details unknown since the protest was not heard at a 
hearing/meeting as yet) but I was informed of it by his email. 
My question for the list is the following: 
AFAIK, I (WP) could not protest any boat except the one nearest to me (NC), 
which I did. 
He (NC) protested the boat to his starboard/windward (Q) which he could not 
take up because that boat (Q) did not yield his position, as he should have. 
Probably would have forced him over the starting line but immaterial AFAIK. 
There were no obstructions involved. 
Am I out of luck since his (the middle boat) protest (NC) was thrown out? 
I know from a similar past experience when the middle boat did not protest the 
boat to his starboard/windward side before the start, that he (the middle boat) 
was exonerated since he was prevented from going up by another boat and did not 
bother to protest the boat to windward of him. Thus I was 'hosed' since he was 
exonerated and the real culprit (the boat to his starboard/windward side) got 
off with no penalty. 
The current situation is identical except the middle boat (NC) did protest the 
most windward boat (Q), but his protest was thrown out on a technicality 
(likely not timely enough). 
I have an inkling that a BOHICA moment is approaching, as in Bend Over Here It 
Comes Again!! 
Charlie Nelson 
Water Phantom 
C&C 36 XL/kcb 

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