Wow, so much stuff here it's hard to know where to begin...
In summary:
1 - Class rules and the RRS only apply while
actually racing.
2 - "Use" does not equate to "possess" and there is support for this in the class rules.
3 - The rule against outside assistance is not part of laser class rules but rather part of RRS, and needs to be interpreted accordingly.
There is only one person in the world that can make an interpretation of the Laser Class rules and that is the World Measurer. Other measurers from district to international can make interim decisions until an official interpretation is received.
Wait, what? In this class, the entire field of class rules interpretation is occupied by a single person? Worldwide? Who writes and approves the rules? Who appoints this person? Does this person have a defined term? You're saying that this person is essentially answerable to no one? His or her decisions set precedent and are not subject to any review?
Whilst each re-issue of the class Measurement By-Laws cancels all previous issues, one of the things we look at in making decisions in making interpretations is the historical changes in the rules. If there is an appeals decision somewhere that shows I am wrong, please link us to it.
Legislative history is often instructive, but generally not relied upon unless for some reason the plain language of the statute (or in this case rule) is unclear. While it's true that the standard for deciding if language is unclear can vary depending upon the type of document and the age of the provision, the idea remains that it has to be unclear. But okay...
So back in 2012, the mobiles phones were specifically mentioned and prohibited in the introduction to the measurement bylaws. In 2017 the specific rule stating that electronic equipment other than timing devices was further modified and extended to permit digital compasses, however limitations on what timing devices and compasses could do were introduced. So what does that mean for the mobile phone? All mobile phones are also clocks and hence a timing device. Are mobile phones capable of transmitting, receiving or storing information about the wind or boat position? Yes, they can receive a phone call on and get told the wind is 15 knots from the NE or let someone know that you’re out sailing on the bay. So they are banned under Rule 22(d).
This is a bridge too far. First, you're arguing against your own point. If cell phones were banned in 2012 but that restriction was lifted later, then there was an affirmative action that allows cell phones. To argue that a cell phone is a compass, merely because it can function as a compass under certain circumstances, is specious. If the approvers of the class rules had intention to continue to ban cellphones under the notion that they count as a compass, then (1) they didn't need to remove the language specific to cell phones and (2) they really should have defined "compass" differently. They did neither. Now, if you were to argue that a racer using a
compass app on his phone, and the
compass app uses GPS data, is banned
during a race, I can find support for that in the class rules.
Further you go on to say:
The OP wanted to whip out the phone and check "reminders and info before and after the races"; well if it's about the wind it would be illegal as its stored digital information, potentially about the wind, so his intent of the use of the phone makes it clear that its purpose was illegal.
For any given boat, racing begins at the preparatory signal and ends when that boat has completely crossed the line. "Before and after races" clearly means, he is not racing. So he can gather all the information he wants when he is not racing, whether he is sitting on his boat or has returned to the dock or whatever. He is not racing. Then you say "well if it's about the wind..." So you are willing to assume that everyone who uses a phone is cheating? This is all well established through the RRS cases and appeals process.
There is a precedence of carrying of illegal equipment like GPS trackers (used at the Olympics and some other events), which are not permitted under Rule 22(d), so the sailing instructions could permit the carrying of mobile phones.
I do not dispute that the SIs could allow or prohibit carrying a cell phone, regardless of whether it is even turned on.
Any discussion about having the item inside a bag not being used, as apposed to in use is largely irrelevant because it's already prohibited under 22(d).
Well it's not, as I said, because a cell phone is not a compass (there is nowhere in the class rules or RRS that defines a compass to include cell phones), because legislative history stated by you demonstrates that an earlier ban on cell phones was lifted. And again, rule 22 contemplates "use," not mere possession. The term "use" is well understood and there is nothing in the class rules to define "use" otherwise.
Let’s also consider the mobile phone as a piece of safety equipment. My oldest handbook is 1993, and the wording remains unchanged say that "Any additional equipment required by an International, National or other governing authority for safety purposes may be fitted or carried provided it is not used in contravention of the Fundamental Rule.
Emphasis added. This is support in the class rules for drawing a distinction between use and mere possession.
As for your comments on the fundamental rule, it specifically talks about the hull form, construction, equipment placing of equipment, fittings etc .... as supplied by the builder except when such an alteration or change is specifically authorised by Parts 2 or 3 of the rules. Part 3 includes Rule 22. At no stage does the fundamental rule discuss consumption of food which most people would not consider a banana a piece of "equipment".
Again, you argue against your own conclusion. You're right that it does not discuss food, but let's take a look at the entirety of the relevant paragraph:
No addition or alteration may be made to the hull form, construction, equipment, type of equipment, placing of equipment, fittings, type of fittings, placing of fittings, spars, sail and battens as supplied by the builder except when such an alteration or change is specifically authorised by Parts 2 or 3 of these Rules. (emphasis added)
The scope of "equipment" discussed is limited to that which was "supplied by the builder." A fair and strong argument could be made that any such equipment not supplied by the builder is not impacted by the fundamental rule. Support for this proposition is the existence of rule 22, as compasses are not supplied by the builder as part of the hull or rig and therefore need independent regulation.
So the fundamental rule does not apply to this discussion. Drysuits, boots, gloves, PFDs are all "equipment" but would you argue that they can not be used because of the fundamental rule? Can we use a grease pencil to write on the deck?
However, I'm sure the World Measurer would happily respond to any discussion you want to have about whether eating broke the fundamental rule. While you're at it, bring up drink bottles are aren't actually mentioned in the Measurement By-Laws but have often appeared in the interpretations.
Please supply some links to interpretations from an appropriate body that speaks to this. I'm not saying they don't exist, but it would be very interesting to see how water bottles are somehow considered equipment under the fundamental rule. In fact, any written decisions that interpret the fundamental rule would be helpful.
So in brief. The carrying of a mobile phone breaches rule 22(d), its presence on the boat is prohibited, not just it's use. Rule 22(e) could be applied if the sailing instructions specifically permitted mobile phones to be carried but not used during racing. A mobile could be considered a piece of safety equipment, but only when there is a specific requirement for a governing body for all competitors to carry one, a bit grey on whether it is permitted to be used during racing, but probably not permitted under the fundamental rule.
Rule 22 clearly uses the term "use." Use is not possession, and there are other places in the class rules where use and possession are distinguished. If this has actually been litigated by a jury or if the class association has issued a written opinion on this topic, or even issued written guidance, please point us to it. Your arguments just don't support your conclusions.
To add a bit, a reading of rule 22, IMO, indicates it is intended to ban integrated instrument systems like those used on keelboats and also self contained instrument packages, such as those that use a GPS to help with start line approaches and the like. Rule 22(a) contains the phrase "Electronic, self-contained, digital compasses
using only magnetic input are permitted."
I agree that:
1 - Rule 22 bans the use of a cell phone during a race if it is running a sailing tactical application.
2 - RSS bans the use of a cell phone
if it is being used to gain outside assistance
However, I find no support for the argument that mere possession of a cell phone, or even certain uses of it, during a race is prohibited. Certainly I see no rule prohibiting use of a cell phone between races for any purpose whatsoever.