I have a problem with the rule 43 in it can be self-assessed.
Both examples I have seen is in radio sail no one did a penalty.
Example 1 Just after the very bias port start.
2 boats on port tack and overlapped each other, 2 boats on starboard tack and overlapped each other, the leeward starboard boat on a collision course with the port tackers. The starboard leeward boat tacked to port right in front of the windward starboard boat and there was contact, and this was the only contact no damage. The starboard leeward boat self-claim exoneration 43.1(a) and happily sail on the favoured tack with the other port tack boats. leaving the other starboard boat in stopped in irons. Race finish no penalty taken.
Example 2 very much the same but coming to a windward mark all boats in the zone.
1 boat on port tack on the port layline, 2 boats on starboard close to overlapped leeward clear ahead and on the layline with mark room both starboard boats would have rounded ok it the port boat was not there. Leeward starboard boat head on a collision course with the port boat tacked to port right in front of the windward starboard boat and there was contact, and this was the only contact no damage. The starboard leeward boat self-claim exoneration 43.1(a) by hailing “exoneration”, port boat rounded and the happily sail and the boats rounded later and sailed on. Again race finish no penalty’s taken.
The problems I can’ get my head around are:
1 Can the boat do a tack like that and still claim exoneration? The way I read it rules imply yes she can.
2 RRS 43 does not give any guide’s to inform the offending boat of the breach of rule. or is there any rule / case that puts the obligation of the boat claiming exoneration to inform the offending boat?
This opens up a can of worms the offending boat may not have known that they have done anything wrong thus no need to do a penalty or not being able to counter protest if not protested.
Its like passing the blame with out telling them.
43.1 (a) When as a consequence of breaking a rule a boat has
compelled another boat to break a rule, the other boat is
exonerated for her breach.
(b)When a boat is sailing within the room or mark-room to which
she is entitled and, as a consequence of an incident with a boat
required to give her that room or mark-room,she breaks a rule
of Section A of Part 2, rule 15, 16, or 31, she is exonerated for
(c) A right-of-way boat, or one sailing within the room or mark-
room to which she is entitled, is exonerated for breaking rule
14 if the contact does not cause damage or injury
43.2 A boat exonerated for breaking a rule need not take a penalty and
shall not be penalized for breaking that rule.