ISAF Pravidlá jachtngu

CASE 96

Rule 30.4 Starting Penalties: Black Flag Rule

When after a general recall a boat learns from seeing her sail number displayed that she has been disqualified by the race committee under the second sentence of rule 30.4 and believes the race committee has made a mistake, her only option is not to start, and then to seek redress. However, if the race committee does not display her sail number and she sails in the restarted race, she should be scored BFD, and not DNE.

Facts for Question 1

The race committee displayed the black flag as the preparatory signal for the start of a class. Boat A’s hull was identified in the triangle formed by the ends of the starting line and the first mark during the last minute before her starting signal. After the starting signal, the race committee signalled a general recall. The race committee disqualified A without a hearing for breaking rule 30.4, and displayed her sail number before the next warning signal for the race.

Question 1

If A believes that the race committee made a mistake when it identified her in the triangle during the last minute, do the rules permit her to sail in the race when it is restarted and then request redress?

Answer 1

Rule 30.4 clearly requires A not to sail in the restarted race and states that her disqualification will become non-excludable if she does. Her only remedy is to request redress, which, if given in a series, would normally be based on her results in other races.

Facts for Question 2

The facts are the same as for Question 1 except that the race committee failed to display A’s sail number before the next warning signal for the race, and A sailed in the race when it was restarted.

Question 2

Is A entitled to a finishing place?

Answer 2

No. A should be disqualified as required by the second sentence of rule 30.4. However, because the race committee erred by not displaying her sail number between the general recall and the next warning signal for the race, she should be scored BFD (Disqualification under rule 30.4), and not DNE (Disqualification that is not excludable). If she requests redress claiming that she is entitled to a finishing place because the race committee erred by not displaying her sail number, her request should be denied. While not displaying her sail number is an improper omission by the race committee, it is not the omission that deprived her of her finishing place, but the fact that she had been on the course side of the starting line in the minute before her starting signal. However, if she was scored DNE, redress should be granted to the extent of changing her score to BFD.