If I assume the legal situation is the same as in the UK this is my understanding/experience. ...even a favourable protest decision carries no weight in a court of law.
Liability varies from country to country. RRS 68 states:
The question of damages arising from a breach of any rule shall be governed by the prescriptions, if any, of the national authority.
This is one area of the rules that is different in the US than the UK. US Sailing prescription 68(c) states (in part):
...a boat agrees that responsibility for damages arising from any breach of the rules shall be based on fault as determined by applicaiton of the rules...
Therefore, it is vitally important that a protest hearing determine the facts and interpret the rules in incidents involving damage. Otherwise, you are depending on the insurance carrier and/or court to understand the racing rules (which is not a good bet). Dick Rose recently began a series of articles in Sailing World magazine on the subject of damage. I expect to see some good advice on what to do when hit.
If a race committee or organizing authority won't hold a protest hearing, refer them to RRS 63.1, which says (in part):
The protest committee shall hear all protests and requests for redress that have been delivered to the race office...
The protest MUST be heard. It is not optional. If the OA refuses to follow the rules, request (in writing) a copy (again, in writing) of the facts and conclusions (or of their refusal to hear the protest). Submit an appeal under RRS 70.1 (failure to hold a hearing is an appealable procedural error). US Sailing can direct an OA to hold a hearing. If they still fail to do so, US Sailing may impose sanctions on them.
That may sound harsh, but hearing protests is a mandatory part of the sport. If a club can't do that, then it shouldn't be running races.
I hope that helps,
Eric
US Sailing Certified Judge,
member Area D Appeals Committee
