34th America's Cup draft Protocol
BMW Oracle Racing have published a draft version of the 34th America’s Cup Protocol, the document defining key features of the event. Having waded through this 56 page document the salient points we feel are as follows:
The Protocol reiterates the concept of ‘neutral management’ feature of the 34th America’s Cup: "GGYC (in its capacity as trustee), Challenger of Record (in its capacity as Challenger of Record) the Event Authority, ACRM, the Regatta Director, and all Officials shall;
(i) each act in the best interests of all Competitors collectively, consistent with Article 2, in organizing and managing the Event, and in developing the rights referred to in Article 4.1(c); and
(ii) not favor the interests of the Defender Candidates over those of the Challengers nor the interests of the Challengers over the Defender Candidates.
The Protocol states an ACM equivalent, to be known as America’s Cup Race Management (ACRM) to provide neutral management of all racing will be set up. "GGYC shall establish and appoint ACRM as a perpetual entity to be solely responsible for the management of on-water race areas and the conduct of all racing between the Competitors during the Event. ACRM shall be owned in trust for the benefit of all Competitors by the trustee of the America’s Cup, and shall be passed on to successor trustees free of all
liabilities. The Board of Directors of ACRM shall consist of the Regatta Director, one person appointed by the Defender Candidates and one person appointed by the Challengers. The Regatta Director shall be the Chief Executive of ACRM.
The jury this time will hold the double role acting as the jury for the sailing competition but also as what was previous known as the ‘arbitration panel’, ie dealing with off the water issues.
A Competitor Committee is be to be established with each team, defender or challenger having one place on this committee.
The period over which teams can challenge (and for defenders to apply to take on BMW Oracle Racing) is 1 October 2010 until 31 January 2011. A fee of $1,500,000 is to be paid upon entry, but is waived for existing shareholders in the World Sailing Team Association (organisers of the Louis Vuitton Trophy). Upon entry teams must also lodge a ‘performance bond’ of US$ 3,000,000 which will be returned after the competition. However there are a number of stipulations to this, including it being mandatory to compete at Pre-Regattas. Failure to comply results in the last of 50% of the performance bond.
In addition a US$25,000 contribution must be made by each team upon entry to go to America’s Cup Property Inc, who protect the America’s Cup trade mark.
However if there are less than eight challengers, then late challengers may still enter up until 31 March at the discretion of the Event Authority, however into addition to the fees above, they will also have to pay a Late Entry fee of US $ 1,000,000.
GGYC will “receive and review applications to become a Defender Candidate, and shall accept such application where it is satisfied on reasonable grounds that an applicant has all the necessary resources (including but not limited to financial, human, and technology) and experience necessary to win the Defender Trials, and to win the Match representing GGYC.”
The GGYC and the Challenger of Record have deemed that the America’s Cup will be a first to five competition on windward-leeward courses of more than one lap, as has been the case in recent multi-challenger events.
The ‘constructed in country’ issue that raised its head during the 33rd America’s Cup has been addressed – a yacht’s hull must be built in the country of the challenger, but pretty much anything else involved in the construction of the yacht, such as materials or its equipment, can be sourced abroad.
As this is a draft Protocol there are two suggestions over nationality requirements for team members – one is that there is no restriction on this, with the other suggestion is that 20% of the sailing crew racing on board on any day must come from the country where the challenging club is located.
The format for the challenger selection series is to be determined by the challengers and be approved by the Regatta Director and the draft Protocol states that it shall last no longer than two months. As suggested in previous reports the Protocol also states that challengers will only be knocked out in the Pre Regattas before the final challenger selection series if more than eight teams are entered. If up to ten teams are entered then the top eight lowest scoring will make it through. If more than 11 teams are entered then the top 10 lowest scoring will make it through.
In terms of the Pre Regattas the draft Protocol suggests there should be six to eight of these in 2011 and 2012 and at least two in 2013 “prior to the regatta” – another indication that the Cup may well be in 2013 not 2014. The Pre Regattas will all be announced before 31 December 2011 (a big big ask, given that there will be a minimum of 14 of these and we know of only about four to date). Pre-regattas will be held in each team’s new generation America’s Cup Class boat from the end of March 2012 and on. In terms of the scoring of the Pre Regattas this will be with a 1X co-efficient in 2012 and 3X co-efficient in 2013. Impressively the ‘event authority’ is to pay for the shipping of boats and their equipment to these pre-regattas).
While as announced previously the venue and exact date of the 34th America’s Cup will be announced on or before 31 December this year, the race course(s) at that venue will be finalised by the end of January 2011 and all competitors, defenders or challengers will have equal access to it.
An interesting new development, previously mooted by Russell Coutts, is that in the interests of reducing costs, teams will have a ‘no sailing period’. They are only allowed to sail their new boat after 1 January 2012 up until the first Pre Regatta that year. They can sail it for just four days prior to the start of each Pre Regatta in that venue. They can also sail it over the nine calendar months leading up to the Match.
As to the issue over the boats to be used in pre-regattas in 2011, the Protocol states that they will be in ‘2011 Class Yachts’ – whatever they are.
The Protocol also says that teams will be limited to building two of the new generation ACC boats. The first shall not be launched before 1 January 2012 while the second will not be launched prior to nine month before the start of the Match.
The Protocol addresses teams racing ‘surrogate’ ACC yachts (an STP65 for example might be deemed similar) outside of the ‘no sailing period’. This is permissible provided that there are two or more competitors not challenging for the America’s Cup and the training period before such a regatta can be no longer than the duration of the regatta itself.
Sail limitations are also being placed upon the teams. For the Match challenger and defender will each be allowed 25 sails. The Regatta Director and Competitor Committee will negotiate a similar number permissible for the challenger and defender selection trials and the Pre Regattas. Interesting overall winners of the Pre Regattas in both 2012 and 2013 will be awarded extra sail buttons – three for the winner, two of second, etc.
There is a limitation of four masts (only counted if they are stepped on the boat) and three keel bulbs per team.
Shrouding is prohibited at any time.
Each team can use no more than three support vessels at any one time.
In terms of weather data, there is once again to be a consolidated service available to all competitors and the draft protocol limits what other data can be gleaned. Specifically prohibited as met data sources are “any form of aircraft, satellite or airborne weather station; buoys or other meteorological or oceanographic equipment in the sea; any vessel afloat (other than the competitors competing 2011 Yacht; any lidar, sodar, codar or similar remote sensing device capable of measuring wind or sea surface current at a distance greater than 1 meter from the device; however this shall not preclude the use of sonic and/or other non-mechanical wind-measuring devices with an operating range of less than one meter. Any land based weather stations not publically available.”
Covert activities are also limited – including the use of bugging, satellites, aircraft (fixed or rotary winged), and/or other means to observe or record from above another Competitor’s yacht.
Yachts must carry broadcast equipment and possibly a cameraman. Competitors will also be obliged to provide telemetry data including boat speed and wind data and also ‘team to boat communication’ to the Event Authority for use in media outlets. Both crew members and race officials, such as on the water umpires, may be required to be mic-ed up during racing.
As was the case with the 32nd America’s Cup, the net surplus profit from the 34th America’s Cup is to be re-distributed between the teams. This will be divided up as follows:
- To promote the new concept of one America’s Cup event rolling into the next, 5% will go to the America’s Cup Race Management (ACRM) towards the cost of the 35th AC, providing the Defender and Challenger of Record agree to hold the event in compliance with the America’s Cup Deed of Gift, resolve disputes by arbitration, hold a challenger selection series, use ACRM to provide fair and independent management, organise a series of regattas within 12 months of the end of the 34th AC, hold the 35th AC within five years of the 34th.
- 50% of the remainder to go to the GGYC
After this
70% of the remainder to be divided among the Challengers
10% to be divided among the semi-finallists
10% to be divided between the finalist
10% to the challenger selection series winner.
The full draft Protocol document is available here
Latest Comments
225455 24/06/2010 - 17:49
know your history, mate. sails & equipment have been exchanged amongst defending trial participants for decades. Just google: Ted Hood.Alex Haworth 24/06/2010 - 16:24
Defender Trials: “….to win the Defender Trials, and to win the Match representing GGYC.” With this clause the defender appears to be “printing more boats”. They will have a range to choose from over and above the two their own team is allowed to build. This creates another set of challenger trails on the defender side, but with only one winner: GGYC. Are these “other teams with experience” going to be allowed to represent their own yacht clubs if they beat GGYC. It would appear from the above that they are not. So GGYC in effect could have a limitless number of boats in it’s line up, coordinated in order to cover a range of options. In addition, they can waste sail cards for boats that aren’t going to make it, developing sail options for the ones that do. Yes this has happened in the past between challengers after elimination (American Challengers swapped in gear to DC in 1987 after they had been eliminated). But to my knowledge this hasn’t occurred before via such a loophole. It’s effectively unlimited resource for the richest national challenger. Shades of Bill Koch/America Cubed?Add a comment - Members log in