That is pretty much my understanding regarding the boat to starboard/windward 
of me (NC). Unfortuntely, the 'real' culprit in this scenario
escapes (Q) without any penalty since the boat able to protest him (NC) screwed 
up their protest. So NC gets disqualified (because of a 
technicallity on her protest) and the most culpable boat in this scenario (Q) 
'skates' with no penalty! 
 
This effectively encourages skippers caught in this 'middle' position to not 
file a protest. For instance, if NC had not filed, they would have been 
exonerated, not disqualified,
since they were prevented from following the rules by the boat to windward of 
them. In fact, NC only filed his protest because I told him I was filing 
against him. I did this
in an effort to get the real culprit disqualified (Q). 

This seems like an area that should be handled differently by the RRS IMHO, at 
least if I understand the rules correcty.  Apparently I can only protest the 
boat that directly fouled me, even if that boat was acting properly by avoiding 
a collision with the boat to windward of her.

BOHICA

Charlie Nelson
Water Phantom
C&C 36 XL/kcb




 
cenel...@aol.com

 
 
-----Original Message-----
From: Indigo <ind...@thethomsons.us>
To: cenelson <cenel...@aol.com>; cnc-list <cnc-list@cnc-list.com>
Sent: Mon, Oct 20, 2014 11:37 am
Subject: Re: Stus-List Racing rules question



My understanding - 
You are not out of luck. NC"s protest was as you say likely thrown out as he 
did not protest properly in a timely manner (61.1 a). This just prevents NC for 
being exonerated by the actions/ inactions of Q. NC is still on the hook for 
fouling you - and unless he did his penalty turns as specified in the Sailing 
Instructions should be disqualified by the Protest Committee


--
Jonathan
Indigo C&C 35III

SOUTHPORT CT


On Oct 20, 2014, at 10:36, Charlie Nelson via CnC-List <cnc-list@cnc-list.com> 
wrote:



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
 
 
 
 
 
 
 
 
 
cenel...@aol.com



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