Section N - Protests and Penalties

MR CALL N8

Rule C8.3(a), Penalties Initiated by Umpires

Question 1

Yellow is penalized before she starts. Later she and Blue both start on port tack, with Yellow to leeward but approximately four hull lengths ahead of Blue. Yellow bears away, gybes, then luffs to close-hauled on starboard tack. Soon afterward rule 10 requires Blue to change course to avoid Yellow. Has Yellow ‘gained an advantage over the other boat’ in the context of rule C8.3(a)?

Answer 1

No. Rule C8.3(a) refers to situations in which the advantage that a boat gains from breaking a rule is greater than the disadvantage she suffers by taking the penalty. Here the advantage that the penalized boat gained as a starboard tack boat after taking her penalty is unrelated to the advantage referred to in rule C8.3(a).

Question 2

The boats are close together on a leg of the course to a windward mark and one is penalized. After gybing she sails away on the opposite tack and immediately gains from a major wind-shift. Has she ‘gained an advantage’ from the penalty?

Answer 2

No. See Answer 1.