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Rule 2 usage

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piglet View Drop Down
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Post Options Post Options   Quote piglet Quote  Post ReplyReply Direct Link To This Post Topic: Rule 2 usage
    Posted: 23 Jan 17 at 9:52pm
Hypothetical discussion, no event to refer to:
If a competitor blatantly breaks a rule and disadvantages a boat or boats, then takes his turns but still benefits at the expense of his fellow competitors.
Can a protest and disqualification be sought under Rule 2?

Does this happen? I've never known it but I am assured it can happen.

Thanks
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JimC View Drop Down
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jan 17 at 10:21pm
No need:
44.1
(b) if the boat caused injury or serious damage or, despite taking a
penalty, gained a significant advantage in the race or series by
her breach her penalty shall be to retire.

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Brass View Drop Down
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jan 17 at 12:19am
First, there has to be a valid protest for a breach of the underlying rule.   See RYA Appeal 1981/7.

Second, "blatantly" doesn't cut it for rule 2, I think there has to be intentionality, and gain advantage, or spite, or intention to disrupt.
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Post Options Post Options   Quote davidyacht Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jan 17 at 12:50pm
So if you were trying to round a windward mark against a strong tide, knowing that you might hit the mark, and hit it upon rounding, took your 360, while failed to lay the mark, would this be a protestable offence?
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jan 17 at 1:03pm
Taking an alternate penalty doesn't render you immune from protests. So yes, another competitor may protest. It would then be up to the PC to decide whether 44.1b applied, or whether the 360 turn was sufficient, in which case there'd be no further penalty.

S'pose if I were on the PC I'd look to try and establish whether the boat being protested just brushed the mark, or whether they were washed into it full on, never had a hope of getting round and should have sailed another ten yards before tacking across like all their competitors did.

Edited by JimC - 24 Jan 17 at 1:04pm
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Post Options Post Options   Quote Quagers Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jan 17 at 7:16pm
I've seen it used in team racing to penalise helms of leeward boats who move their body purely in a way to cause contact with a nearby windward boat. 
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jan 17 at 9:45pm
If you failed to round the mark, the rule broken would be rule 28.1.

The one turn penalty was applicable to the breach of rule 31. That would be no problem as long as you didn't have a residual advantage after taking the penalty.

For a valid protest for rule 28, it's only necessary to inform you of the intent to protest as soon as possible after you finish.

If you "might" have made the mark, there's nothing unsportsmanlike about making a misjudgment.
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Post Options Post Options   Quote Rupert Quote  Post ReplyReply Direct Link To This Post Posted: 25 Jan 17 at 7:47am
"hoping for the best" is usually the thinking in such situations, similar to "praying for a gust" and I can't see how rule 2 is needed. Big steel buoys usually focus the mind in these situations.
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