Dmitry Shteyn — Handling Infringements Without the Drama: Protests and On-Water Penalties

Keeping It Fair on the Water

We’ve all been there. You’re coming into the windward mark on Lake Mendota, the fleet is compressed, and suddenly a port-tacker tries to squeeze into a gap that simply isn't there. There's a shout, maybe a localized splashing of water, and a lot of adrenaline. As a sailing educator, I tell my students that how you handle these moments defines you as a racer just as much as your boat speed does.

In sailboat racing, we are self-policing. There is no referee on the field to blow a whistle every time a foul occurs. Instead, we rely on the Racing Rules of Sailing (RRS) and the integrity of the competitors. When an incident happens, you have three primary paths: taking a penalty, protesting, or moving to arbitration.

The Instant Remedy: Taking Your Turns

If you break a rule in Part 2 of the RRS (When Boats Meet), the most honorable and efficient way to handle it is to take your penalty turns immediately. Under Rule 44.1, the standard penalty is a Two-Turns Penalty. This means two tacks and two gybes in the same direction, performed as soon as you are clear of other boats.

I remember a regatta off Milwaukee where I accidentally clipped the transom of a competitor while trying to duck them. I knew I was in the wrong. Instead of arguing or hoping they didn't notice, I immediately hailed 'Taking my turns!' and got them out of the way. By the time I finished the turns, I had lost maybe three boat lengths, but I had a clear conscience and a clean score. If you wait until the end of the race, the penalty is much harsher—usually a disqualification (DSQ) or a significant percentage scoring penalty.

The Formal Protest Process

If you believe another boat has broken a rule and they don't take a penalty, you must protest. The first step is critical: Rule 61.1(a) requires you to hail 'Protest' and, for boats over 6 meters, display a red flag at the first reasonable opportunity. In a recent club race in Racine, a sailor missed out on a valid protest because they waited two minutes to pull their flag. The protest committee had to dismiss it on a technicality.

Once you’re back at the dock, the paperwork begins. You’ll need to describe the incident, draw a diagram, and identify the rules you think were broken. It sounds intimidating, but it’s actually a great way to learn the nuances of the sport.

The Middle Ground: On-Water Arbitration

Many modern regattas now include an 'Arbitration' or 'Protest Mediation' step before a full hearing. This is a godsend for club racers. A judge meets with both parties for about 15 minutes. They listen to the stories, look at a few model boats on a table, and give an opinion.

If the judge thinks you’re at fault, you can usually take a Post-Race Penalty (often 30% of the fleet size) instead of risking a full DSQ in a formal hearing. It’s faster, less stressful, and keeps the beer-can racing atmosphere friendly. I always recommend arbitration if it’s offered; it’s an educational moment where a professional helps you visualize the rules in action.

Safety and Sportsmanship

Remember, Rule 14 is the big one: Avoiding Contact. Even if you have the right of way, you must do everything in your power to avoid a collision. If there is contact that results in damage, both boats can be penalized.

Sailing is a sport of gentlemen and women. If you know you fouled someone, do the turns. If you're not sure, talk it out on the dock. The rules are there to keep us safe and ensure that the fastest, smartest sailor wins—not the one who is most aggressive at ignoring the handbook.