During a long distance race a boat runs aground and requires outside assistance to be refloated. They continue racing and are scored.
The next day they call the RC and ask to be scored RAF.
What is the proper procedure? Shouldn't they have withdrawn at the time they recvd outside assitance and why?
RFA (since 2013 replaced by general RET in Appendix A11) was used when a boat retires after finishing a race. This means that the sailor only realized at the end of the race that they have broken a rule. In this case, they may have not known at the time of the incident that the outside help would gain them a significant advantage (Rule 41). Upon realizing this after racing, they did the Corinthian action and retired. This holds the same consequences as receiving a "DNF"; usually a score of the number of boats in the fleet plus one. Such errors may include missing a mark, rounding to the wrong side, ignoring a protest from another boat, etc.
The scoring abbreviations are defined in Appendix A11 of the Racing Rules of Sailing. The term RFA is now obsolete as it changed in 2013 to "RET" or Retired. The meaning is the same as RAF except that it also covers retirement before finishing
In these circumstances I would applaud their action in coming forward with the admission and doing the right thing and retiring. I'd completely ignore the time taken to do so as a matter for their own introspection and learning. Pointing out that they "should have known" or "should have done it sooner" or something like that could be seen as gloating, 20/20 hindsight or rubbing their nose in it - you'll look bad, they will feel bad and maybe be encouraged to hide future infractions because the risks of being found out are a better trade off than admitting to an infraction, and then having their honesty questioned in public anyway.
No-one wants to retire and confirmation bias is a strong force in the human psyche. In sailing, as in life, it's sometimes better to say nothing and let matters progress as they will, or say it privately if you really need to say something.
Lets take another example, two boats capsize near a bridge and the current will push them into the pilings. Crews would certainly be in danger and receiving assistance would not break rule 41. One of them is likely to be rescued first and that will put him at a significant advantage over the boat that was rescued second. It may or may not give them an advantage over other boats in the race.
It would be up to the PC to decide if the crew were in danger and if so, did a significant advantage occurred. In the case you brought up, the boat obviously decided that retiring was the correct thing to do. It doesn't really matter if the decision was made immediately or later.
By receiving outside help the boat broke Rule 41. The un-numbered rule "Sportsmanship and the Rules" at the beginning of the rulebook states "A fundamental principle of sportsmanship is that when competitors break a rule they will promptly take a penalty, which may be to retire". In the case of a breach of rule 41, the only applicable penalty is retirement, unless a crew member was ill, injured or in danger.
If the boat continued to sail the race, knowing that she had broken a rule, then normally that would constitute a breach of rule 2 (fair sailing) or 69 (serious misconduct), even if she later retired, but that would depend on the context. If such a boat was in a cruising race, in which the remainder of the course constituted sailing back to the clubhouse, and she did not interfere with any other boat racing, then it would be hard to criticise her. On the other hand, if she knew she should retire, but continued racing to tactically disadvantage a competitor, that would be a definite case of serious misconduct.
As you point out, if a boat gets outside help to become afloat again, it should be obvious to a reasonable sailor that a rule has been broken. In your scenario, the skipper is likely to have some explaining to do. However, if the boat genuinely thought she was entitled to continue racing, she would not have broken rules 2 or 69.
The type of racing may also be relevant. In a club context, a word from someone in the race committee may be appropriate. In a major regatta the response will be more formal.
Swabbie Hondo said
During a long distance race a boat runs aground and requires outside assistance to be refloated. They continue racing and are scored.
The next day they call the RC and ask to be scored RAF.
What is the proper procedure? Shouldn't they have withdrawn at the time they recvd outside assitance and why?
and
I think in this case (being pulled off a sandbar) they probably knew they were receiving a significant advantage.
The ‘proper procedure’ is actually spelled out in the last sentence of rule 41
However, a boat that gains a significant advantage in the race from help received under rule 41(a) may be protested and penalized; any penalty may be less than disqualification.
If there is a valid protest, and the protest committee concludes that the boat gained a significant advantage, she might be penalised,
BUT
Rule 64.1( b ) provides that
if a boat has taken an applicable penalty, she shall not be further penalized under this rule unless the penalty for a rule she broke is a disqualification that is not excludable from her series score [that is, rules 2, 30, and 69]
Basic Principles – Sportsmanship and the Rules provides that
… when competitors break a rule they will promptly take a penalty, which may be to retire.
The boat has retired.
The rules place no restrictions or conditions on when a boat may retire.
Rule 44.1( b ) restricts the taking of a turns or scoring penalty at the time of an incident with respect to significant advantage as follows
if the boat … despite taking a penalty, gained a significant advantage in the race or series by her breach her penalty shall be to retire.
The reference to ‘her penalty shall be to retire’ makes it clear that this does not restrict a bot taking the penalty of retirement.
Having retired, in accordance with rule 64.1( b ), the boat shall not be further penalised.
If there is no valid protest, then people should be very cautious about, in effect, calling a fellow sailor a cheat.
If they waited until after taking the trophy for 1st place, I might have a different opinion of them.
Swabbie, thank you for adding verbiage to my brevity. We make a good team.
T
Also competitors have a right to know who is still in the race and who is not.
Finally, the rightful winners were denied that glory until the day after the regatta when scores were reposted.
This whole thread has got me thinking about the question of post race penalties. These are allowed under Appendix T when it is applied and in the UK by the RYA Arbitration process - I imagine other MNAs have something similar. In both cases a boat may take a points penalty any time prior the a protest hearing with the object of reducing the number of hearings. If as has been suggested here that the boat should have known she was breaking a rule (particularly at a major regatta) then the boat may well be breaking rule 2 by taking a post race penalty. The only way to determine whether or not rule 2 has been broken is to have a hearing which rather seems to destroy the whole object of the exercise. Bear in mind that a post match penalty may follow on from an arbitration hearing but doesn't have to, all a boat has to do is inform the arbitrator in writing she want to take the penalty.
I wonder what others think about post race penalties and rule 2.
Under Rule T2 the arbitrator needs to decide whether arbitration is not appropriate. An arbitrator should not undertake an exhaustive investigation into the incident, but if it becomes clear from the information availalble, that any rule, other than those in Pt 2 and Rule 31, is applicable the arbitration should be closed. That is something that an arbitrator needs to consider. See Rule T2 and the International Judge's Manual section L.
If a boat takes a post race penalty or otherwise retires after racing, that does not necessarily absolve her. Hearings may still be held to consider whether Rules 2 or 69.1 have been breached, and if so, the boat may be penalised further.
I think it would be a bad idea to place emphasis on the type of help being given. It would be undesirable, in a situation of danger to have either boat considering whether or not refloating the boat, or taking off the crew was the most 'rules-favourable' course of action.
Rather we might think carefully about the meaning of 'significant advantage'.
It should not be understood to mean 'advantage merely gained by the cessation or amelioration of the disadvantage being suffered by the illness, injury or danger'.
Thus, a disabled boat that was towed to a landing place to enable the evacuation of a disabled crew member, and the landing place was 'ahead' of the boat's original position, and the boat continued to race, might receive a significant advantage, but if the landing place was was 'behind' the boat's original position, she would not receive a significant advantage.
If the help received was, say the helicopter evacuation of the disabled crew member, the boat should not be understood to have gained a significant advantage just because she no longer needs to devote resources to taking care of the injured crew.
In another example, a boat that has fallen aground on an obstruction, say a sand spit, that lies between her and the next mark, if she is given help that refloats her on the 'new mark side' of the sand spit, has recieved a significant advantage, but if on the 'last mark side' she has not recieved a significant advantage.
What I am trying to resolve in my mind is the need in the Basic Principle to "promptly take a penalty" and the whole concept of post race penalties. Taking a penalty after the race can not to my way of thinking be described as "promptly" in respect of a Part 2 rule breach that takes place on the race course. It seems that the only way this could apply is if a boat comes ashore and then realizes that she has broken a rule by studying the rule book. If she hoped that there would be no protest but discovers there is and decides a points penalty is better than a DSQ then this seems a clear breach of rule 2 to me. The problem is that these "facts" could only be discovered under questioning in a hearing. Many replies already on this thread have taken the view that the boat in the original scenario should have known the rules and retired earlier and if you apply this approach to post race penalties you come up with the situation where boats could never take a post race penalty.