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 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
May the protest committee exonerate A for her breach of rule
30.3 or
30.4, and score her in her finishing position, even though A has never started according to the definition Start?
Answer 1
No. 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 correctly. The protest committee may exonerate A under rule
43.1(a) for her breach of rule
30.3 or
30.4, and if so, the race committee shall score her DNS 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. In her request she claims 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 position 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 3
Yes, the protest committee will exonerate A for breaking rule
30.4 and will correct 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.
World Sailing 2016, revised 2018