Section M - The Umpiring Process

MR CALL M10

Rule 14, Avoiding Contact
Rule 60.3(b), Right to Protest; Right to Request Redress or Rule 69 Action
Rule 62.1(b), Protests and Requests for Redress by Boats
Rule C6, Redress
Rule C8, Penalties Initiated by Umpires

Question

While sailing under spinnakers, there is contact between Yellow and Blue, and Blue receives a small hole in her spinnaker. Yellow is at fault, and is penalized. On a later leg of the course to a leeward mark the hole in Blue's spinnaker becomes a major tear. The spinnaker loses all pressure and Yellow is able to pass Blue. What action is available?

Answer

(a) The umpires could further penalize Yellow as a penalized boat that has ‘gained an advantage by breaking a rule after allowing for a penalty’. Although there has been a delay between the taking of the penalty and the gaining of the advantage, the umpires may still act under rule C8.3(a), if they are satisfied that the spinnaker tear is the result of the original rule breach.

(b) The umpires could initiate a post-race hearing under rule C8.6 to investigate whether rule 14 was broken and if appropriate inform the protest committee for its action (see rule C8.4).

(c) In accordance with rules C6.1(b) and C6.2(a), Blue can red flag protest under rule 14, because of damage or injury resulting from contact. The protest committee would need to consider whether the flag was displayed at the first reasonable opportunity after the tear developed.

(d) Blue could request redress under rule 62.1(b) or redress could be considered under rule 60.3(b).