CMR 65 Revision

Background

About three years ago, the Governing Board and Executive Committee began the process of reviewing CMR 65 when several problems with it became apparent. At the 2008 Nationals and in discussion afterward we reached an agreement in principal on how to resolve the problems, but decided that the exact wording wasn't right yet. At the 2009 Nationals, the final wording was proposed to the Governing Board and approved

The guiding principal was to not change the game as it is currently played in the Thistle Class, but remove ambiguity from the rule and problems with its enforcement.

Problems with the old CMR 65

In its prior incarnation, CMR 65 had two limitations.

First, the prior CMR 65 was ambiguous as to when it applied, creating a division between sailors who believed the intent was that radios and cell phones should never be used and others that believed this restriction was limited to "while racing". The original intent of the rule that Thistle racing should not be influenced by electronics aboard the boats at any time was poorly communicated in the rule itself. The TCA has used Sailing Instructions to remove the question on when the CMR applies for the past several years.

Second, the prior CMR 65 limited devices. This created a conflict because electronic devices have many non-racing uses that are important in today's lifestyles. Examples are contacting a child care provider ashore (the "baby sitter problem"), being available by phone for a critical client account for work, taking pictures with a digital camera to share with friends and to generate PR for the class, and even the use of battery powered medical devices such as hearing aids and pacemakers. Limiting these types of activities went beyond the original intent of CMR 65, but they were illegal none the less.

Technology continues to change rapidly, and therefore a device specific revision to CMR 65 is impractical because it would be impossible to keep up with all possible electronic advances. Instead, a usage based restriction offers a better solution, continuing our history of relying on the Corinthian conduct of fellow competitors.

Revised Chief Measurer's Ruling

From the time a boat leaves the dock until she has finished the last race of the day, returned to shore, or has been instructed to return to shore by the Race Committee, no electronic or electrical devices shall be used to gather information about conditions, monitor performance, communicate between boats, communicate sailing related information, or in any other way benefit or influence a boat's racing. Communication in any form is permitted to request or to provide assistance in an emergency. Electronic clocks, starting timers, and stop watches are not prohibited by this CMR and may be used.

Discussion Points

The revision to CMR 65 is intended not to change the game in Thistle racing. Rather, it is intended to permit sensible non-racing use of electronic devices and to clarify when the CMR is in effect.

The CMR takes force when a boat leaves the dock and continues until racing is done for that boat for the day, a boat has returned to shore, or the Race Committee has instructed competitors to return to shore. This makes it clear when the rule is in force. It also clarifies that competitors may monitor Race Committee instructions if and only if they are sent back to the dock in the event of an emergency (e.g. the RC displays flags N over A or N over H).

Electronic navigation (e.g. GPS, electronic compass) and weather instrumentation (e.g. anemometers, weather radio) are disallowed under both the old and the new CMR 65. VHF communication between boats, the race committee, and spectators is still not permitted. GPS displays or recording devices remain prohibited. This is not an inclusive list-no electronic device may be used to improve sailing performance unless listed as an exception (e.g. electronic timers).

The revised CMR permits non-racing use of electronics. You can now race with your hearing aid or pacemaker! Your child can bring a portable gaming system (you may opt to have your own boat rules on this one). You can bring your Timex Iron-man watch onboard for a race even though it has an alarm clock built into it (disallowed under the prior CMR 65)-just don't program it to go off to time tides, since that would be racing related. A digital camera to share photos with your friends and promote the Thistle Class would be legal. These are non-racing electronic devices are already in use, even though technically prohibited. The revised CMR 65 makes compliance with the rule more practical.

The new CMR 65 allows communication with parties on shore to address the concern that some sailors need to be available for work, child care, or other reasons. At Nationals in 2007, the Class had to grant a special exception to receive a phone call on the water regarding the birth of a grandchild. Under the revised CMR this is now permissible without requesting an exception, even during a race. Communication with other boats, coaches, weather services, or any other source for race related information remains prohibited.

The change from device-based prohibitions to use-based prohibitions means that while some functions of a specific device may be legal, others are not. For example, while calling a babysitter on your smart phone is permitted, checking a weather web site or using GPS to record speed data for later analysis is not. Sailboat racing is based on trust that all competitors are following the same rules, and as in the past sailors expect their competitors to police themselves.

Importantly, another thing does not change. Electronic communication in any form is permitted to request or provide assistance in emergencies. You can and should carry a VHF radio for such purposes-just don't use it for non-emergency communication when CMR 65 is in effect.