Section P - Protests and Penalties
RS CALL P5
Rule 21.2, Starting Errors; taking penalties; moving astern;
Rule 44.2, Penalties at the Time of an Incident
A boat intending to take a penalty turn must attempt to get clear of other boats as
soon as possible. Rule 21.2 does not begin to apply until a boat is clearly turning
to take her penalty.
Assumed Facts
A boat rounding the windward mark acknowledges breaking a rule and announces
that she will take a penalty. The boat completes her mark rounding, sails to the next
(offset) mark and then bears away towards the leeward gate. After sailing for several
boat lengths, the boat then takes a One-Turn Penalty.
When informed by the race committee of the unresolved incident, the competitor
controlling A says that his boat touched the mark because the leeward boat, B, did
not give her mark-room. He states that he did not believe A was required either to
take a penalty or to protest the other boat.
Question 1
Has the boat taken a penalty that conforms to rule 44.2?
Answer 1
No. Rule 44.2 requires that the boat gets well clear of other boats as soon after the
incident as possible and then promptly makes the required number of turns in the
same direction, each turn including one tack and one gybe. Sailing several lengths
beyond the offset mark before getting well clear is not as soon as possible after the
incident. Delaying an attempt to sail well clear is unlikely to be as soon as possible
after the incident. However, see also answer 2 below.
Question 2
The boat that announces that she will take a penalty is sailing closely within a group
of other boats. Can the boat continue sailing until there is more space between the
grouped boats before getting well clear?
Answer 2
The boat must attempt to get clear as soon as possible after the incident, and continue
attempting to get clear. Attempting to get clear may mean slowing down or stopping,
luffing well above the course to the next mark, or bearing away. Continuing to sail at
the same speed and direction as the other boats is not attempting to get clear.
Whilst the boat is getting clear and until she starts to take her penalty, she is not
subject to rule 21.2 and other boats, for instance those overlapped to windward or those clear astern, may be required to keep clear. However, if the distance between
the windward and offset marks is very short, it may not be possible for the boat to get
well clear until she has rounded the offset mark.
See also Call P6.
Question 3
When does a boat begin to take a penalty?
Answer 2
A boat begins to take a penalty, and rule 21.2 begins to apply, when the boat is
clearly turning in order to take the penalty. It ceases to apply when the boat
completes the last required tack or gybe, or when she stops taking her penalty before
it is complete.