Racing at a big event this weekend
Very heavy winds with true wind gusts of more than 38 knots and steady winds of 28 - 30 knots
Tacked for finish line with no apparent traffic issues but quickly realised that I would not clear a starboard boat in another fleet
I probably dithered for a second too long before tacking again and of course he bore off and clipped my stern. Minimal damage to my boat but I retired after finishing as I could see that there was damage to his bow.
Attended the request for redress as a witness and he was successful
I found out after the event closed that he was OCS in that race.
My question is did I have to retire as he was not racing?
Just curious as I have no intention of revisiting incident
Don't forget that you also have to clear the finish line. You're not done when the whistle goes off. Also the rules of Part 2 apply when boats intend to race, are racing or have been racing.
I think Case 34 does not apply here. According to the facts Liam explained ([I] realised that I would not clear a starboard boat in another fleet. I probably dithered for a second too long before tacking again and of course he bore off and clipped my stern), the starboard boat never hindered the port boat, neither deliberately caused damages, in fact she tried to avoid contact by bearing away, but failed.
Since Liam admitted not tacking soon enough to keep clear of the starboard boat, Redress would not probably be given, because one of the requirements is not met: "no fault of her one".
The answer to Liam's question can be found in the principle enshrined in Case 68. "... The principles of sportsmanship require a boat to take a penalty when she realizes that she has broken a rule, but if she continues racing she retains her rights under the racing rules, including her rights under the rules of Part 2 and her rights to protest and appeal. The rules of Part 2 govern all boats that are racing, whether or not one of them is later disqualified for some reason."
Liam failed to keep clear and to avoid contact under RRS 10 & 14. According to RRS 44.1(b) Liam was required to retire only if the damage on the boats was "serious", otherwise a Two-Turns penalty would be enough.