78 COMPLIANCE WITH CLASS RULES; CERTIFICATES
78.1
While a boat is racing, her owner and any other person in charge shall ensure that the boat is maintained to comply with her class rules and that her measurement or rating certificate, if any, remains valid. In addition, the boat shall also comply at other times specified in the class rules, the notice of race or the sailing instructions. When a rule provides that the penalty for a breach of a class rule may be less than disqualification, the same penalty will apply to a breach of this rule.
But how the above is worded might create a possible problem. For example, let's look at the J105 fleet, which I belong to.
In the J105 CRs we have limits on where the helmsman can sit and when the sprit can be extended. A boat may take a 1-turn penalty on the water for a breach of these rules.
So,
- the J105 CR's are a rule - check
- the rule provides for a penalty less than DSQ for a breach of a CR - check
So now if a J105 breaks 78.1, and they take a 1-turn penalty, they have taken an appropriate penalty and can not be penalized further?
I've read the new 78.1 several times over and I think that is what it says.
Now, let's say a boat is 300 lbs light of her weight certificate .. in a 3,000 lb boat.
The boat is protested and it comes to a hearing. The weight deficit is verified.
So the penalty for being underweight is now limited to 10%??? ... because ".. a rule provides that the penalty for a breach of a class rule may be less than disqualification"?
This doesn't make sense to me. I'm not sure what they were trying to say here.
It looks fine to me., but I can see how a confusion may happen.
You are saying that, according to the wording, because CR says 1-turn for extending the pole early, then a breach of any other class rule (78.1) is also 1-turn?
I don't think so.
It says what it says ... and it says if there is a less than DSQ for breaking "a" class rule, then that penalty will be applied to "this" rule .. which is a rule requiring a boat to abide by the her "measurement certificate".
I think the wording is VERY confusing.
Which rule is extending a bowsprit too early changing?
It's not changing a rule. Your response has me thinking that one of us may be missing the point. I'll write my response assuming that it's you ... and maybe you can do me a favor on the flip-side and write a response that assumes that it is I who is missing it.
My concern is the new language added to 78.1.
I'll repeat it here for convenience. The new sentence is bolded for added emphasis.
"This rule" in the new sentence is rule 78.1, which states the owner shall ensure the boat is in compliance with her CR's, measurements and/or rating cert.
The new sentence states that if "a rule" (CR's are "a rule") provides the penalty for a breach of "a class rule" may be less than disqualification, then the same penalty applies to breaking 78.1.
In my CR example, I show a rule (the CR) providing for less than DSQ for breaking "a class rule". Following the new wording in 78.1, that then defines the penalty for breaking 78.1 ("this rule").
I first apologise for my previous post.
Mark's comment got me thinking about this differently - not sure if this is what he means, but it helped me see this more clearly.
What about this?
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When a rule (such as an NOR or SI but not the class rule being discussed) provides that the penalty for a breach of a class rule may be less than the standard 60.5(c) penalty of disqualification (for example by marking that class rule as [DP]), the same penalty that is given to a boat as provided for will also apply if necessary to a breach of this rule (which would automatically be the case if the class rule broken is a rule concerning maintenance to comply with her class rules or the validity of her measurement or rating certificate).
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I think the above incorporates the original wording verbatim and also grammatically and logically.
So, it does just needs to be read with the correct perspective when reading that word 'a' and a little context as provided by Submission 035-23.
It makes sense to me now.
Hope that helps.
Angelo, am I right in thinking you're considering the reverse situation, where if a boat breaks a CR that does not have a lesser penalty, this wording of 78 suggests that because there is a lesser penalty for some CR breaches, the lesser penalty applies whenever a class rule is broken?
It seems to me, though, given your example, the boat has broken CR, for which there is no lesser penalty, and RRS78, for which there is a lesser penalty. I can see a reading of 78 saying that her turn is sufficient for the breach of 78, but I don't see that means it covers breaking the CR. It seems to me the turn is not an applicable penalty for the CR breach, even if it's considered to cover RRS78.
To clarify, Angelo suggests that if a Class Rule (CR) specifies a penalty for a breach that is less severe than disqualification (DSQ)—for instance, in the J105 class where an early bowsprit extension incurs a one-turn penalty—then violating RRS 78.1 due to non-compliance with the measurement certificate should also result in a one-turn penalty. [@Angelo please let me know if I understood you correctly]
If this interpretation of the new rule is accurate then YES we have a problem.