Perhaps the strongest and weakest part of sailing is the fact that it is a self-policing sport - weak because of a sailor’s bias. In almost any foul situation that is brought to “the room” you will have two people who have a clear understanding of the rules but they always seem to disagree on exactly what happened. This is because they’re biased; they both want to win. Although the protest room is something we all wish to avoid, it is necessary.

            In team racing, the Racing Rules of Sailing states a boat’s points shall increase as follows:

Rule Broke

Penalty Points

Rule 28.1 when as a result she or her team has gained an advantage

10

Any other rule broken while racing for which a penalty has not been taken

6

            It may be known to others as the “1-2-3 rule,” where if a team finishes with a 1-2-3 or 4, they are free of the consequences of a protest unless they gained a significant advantage.  It's a rule that seems to solve some issues of handling a protest after the race, but also seems to provoke some individuals to strive for the 1-2-3 or 1-2-4 after a protest because they refuse to admit fault for an on the water incident.

Example 1 - Boats A,B,C v D,E,F.  Boat A (port tack) attempts to cross boat D (starboard tack) on just after the start.  Boat D protests boat A for a rule 10 violation because boat D claims they had to avoid boat A.  Boat A disagrees

 and continues to sail the race while hailing "code red", "play black", or "play 3" to his teammates for a possible protest situation.  Meanwhile boat A's teammates have won their sides and consolidated the race where at the weather mark they are in a 1-3-4 combination.  They proceed to make a passback and finish the race 1-2-4 so that they "automatically win".

***In this situation, it would be unlikely that a protest committee would disqualify boat A and grant them 10 points for the foul.  They may disqualify them, but would most likely give them 6 points, therefore still granting their team the win in the race.  Should this really happen?  Even if after the race A admits fault in that situation?

Example 2 - Boats A,B,C v D,E,F.  Team A,B,C is in a 2,3,4 combination with team D,E,F in a 1,5,6 combination.  D enters the zone at the leeward mark clear ahead of all other boats and in the "1".  Boat A enters the zone and attempts to break overlap with boat D and re-establish that overlap to force D to their proper course around the mark.  Meanwhile boat B in the "3" position attempts to round the mark quickly without contact.  Boat D is in the process of turning around the mark and hails to boat B "no room".  Boat D avoids contact and protests boat B.  Because D had to avoid boat B and round outside of them, boat A was able to get their "nose" around the mark and round inside of boat D.  Boat C follows behind the action in the 4.  Upwind, boat B calls for "code red", "play black", or "play 3". Team A,B,C is currently in a 1-3-4 combination.  Boat B slows boat D to allow boat A to pass, and when they do, they convert to the 1-2-4 and finish the race.  Because boat D feels boat B fouled them, he still protests.  After the protest the jury based on both testimonies finds that their is "not substantial evidence" to grant boat B 10 points, and although they still disqualify boat B, he is only added 6 points and his team still wins the race.

Boat D was simply doing his job in the "1".  Bumping the race, consolidating and condensing the race while his team was in a losing combination in the hopes that on the upwind one of his teammates could unbalance the pairs and convert to the play 4/5.  In his attempts, a controversial foul with no contact occurs and the race goes into the books as a blowout 1-2-3 or 1-2-4.  Is this really fair to boat D who feels that if boat B did their 360 degree turn his team might have been able to win the race?

It is a common conception that if a team wins a race 1-2-3 or 1-2-4 they "blew out", "were better" or were simply just "faster" than the other team.  But for those who have team raced in many UN-umpired events, they have usually been subject to the possibility of the "code red", "play black", or "play 3" at one point or another.

Problems may also arise on the other side of the spectrum for the team enjoying a 1-2-3 or 4. An opponent on the losing team may take a shot at drawing the foul and unjustly taking the race when they clearly lost on the water. Without the “1-2-3” rule, problems may still arise.

 

Is there a possible solution to this problem?  Is it a problem at all?  There are certainly two-sides to this situation and the rule is obviously in place for a reason. But is there a better way to amend sailing instructions at UN-umpired team races?