ISAF Pravidlá jachtngu

CASE 140

Definitions, Start
Rule 30.3, Starting Penalties: U Flag Rule
Rule 30.4, Starting Penalties: Black Flag Rule
Rule 43.1(a), Exoneration
Rule 62.1, Redress

How the rules apply when a boat is compelled to cross the starting line by another boat that was breaking a rule of Part 2.

Facts for Question 1

A race is started under rule 30.3, U Flag Rule, or 30.4, Black Flag Rule. Twenty seconds before the starting signal there is an incident between boats A and B. The race committee identifies part of A’s hull on the course side. A does not return to the pre-start side of the starting line, but continues sailing the course and finishes. The race committee scores her UFD or BFD, as appropriate.

A lodges a valid protest against B. The protest committee disqualifies B for breaking a rule of Part 2. The committee finds that B, as a consequence of breaking a rule, has compelled A to break rule 30.3 or 30.4. It also finds that there was no injury or physical damage, and that B did not break rule 2, Fair Sailing.

Question 1

Was A exonerated by rule 43.1(a) for breaking rule 30.3 or 30.4 and, if so, may the protest committee score her in her finishing place, even though A never started in accordance with the definition Start?

Answer 1

A has broken rule 30.3 or 30.4, but she has also broken rule 28.1 by failing to start (see the definition Start). B’s breach compelled A to break rule 30.3 or 30.4. However, it did not prevent A from sailing back to the pre-start side of the starting line and starting in accordance with the definition Start. A was exonerated by rule 43.1(a) for breaking rule 30.3 or 30.4, and, therefore, the race committee was required to score her OCS under rule A5.1.

Had A returned to the pre-start side of the starting line, started, sailed the course and finished, A would have been exonerated by rule 43.1(a) for breaking rule 30.3 or 30.4; and, had she done so, the race committee would have been required to score her in her finishing place, and rescore the race accordingly. Each boat that finished behind A would be moved down one place.

Facts for Question 2

The race is started under rule 30.4, Black Flag Rule. The facts are the same as for Question 1, but this time there is a general recall. A’s sail number is properly displayed as required by rule 30.4. Before the restart, A informs the race committee that she intends to protest B for breaking a rule of Part 2 in the recalled start. A starts, sails the course and finishes the restarted race. The race committee scores her DNE. A lodges a protest against B for the breach in the initial start and requests redress, claiming that the race committee acted improperly when it scored her DNE.

Question 2

If the protest committee decides that B broke a Part 2 rule and, when she did so, compelled A to break rule 30.4, may the committee give A redress by scoring her in her finishing place in the restarted race?

Answer 2

No. A initially broke the first sentence of rule 30.4 and was identified on the course side of the starting line. Then her sail number was properly displayed according to rule 30.4. Because the race committee displayed A’s sail number after a general recall, the penultimate sentence of rule 30.4 prohibited A from sailing in the restarted race. By starting in the restarted race, she breaks the penultimate sentence of rule 30.4. The race committee does not make a mistake when it scores her DNE. A is not entitled to redress because the race committee does not act improperly.

Facts for Question 3

The facts are the same as for Question 2 but this time A does not sail in the restarted race. When she comes ashore, she protests B for the incident in the initial start. The protest committee decides B broke a rule of Part 2 for which she cannot be penalized (see rule 36).

Question 3

If the protest committee decides that B broke a Part 2 rule and, when she did so, compelled A to break rule 30.4, may the protest committee change A’s BFD score?

Answer

Yes. A was exonerated by rule 43.1(a) for breaking rule 30.4, and therefore the race committee is required to change her score from BFD to DNS in the restarted race. However, she is not entitled to redress because the race committee did not act improperly.