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Contact While Taking a Penalty Turn

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CurlyBen View Drop Down
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Post Options Post Options   Quote CurlyBen Quote  Post ReplyReply Direct Link To This Post Topic: Contact While Taking a Penalty Turn
    Posted: 07 Sep 05 at 11:04am
Thanks Ed, the bit about rule 20 is what I meant but I didn't have my rules book to hand!
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Presuming Ed View Drop Down
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Post Options Post Options   Quote Presuming Ed Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 05 at 11:09am

Originally posted by reddeck74

However, the penalty for making contact with another boat is clearly stated in Part 2. Nowhere in Part 2, as far as I am aware, is a penalty described for 'illegal propulsion' or even illegal buoyancy for that matter.
So, presumably any breach of Part 4 results in retirement/disqualification? Is
that stated anywhere in the RRS?

Well, Rule 3 states:

3 ACCEPTANCE OF THE RULES

By participating in a race conducted under these racing rules, each competitor and boat owner agrees (a) to be governed by the rules; (b) to accept the penalties imposed and other action taken under the rules, subject to the appeal and review procedures provided in them, as the .nal determination of any matter arising under the rules; and (c) with respect to such determination, not to resort to any court or other tribunal not provided in the rules.

Also:

64.1 Penalties and Exoneration

(a) When the protest committee decides that a boat that is a party to a protest hearing has broken a rule, it shall disqualify her unless some other penalty applies. A penalty shall be imposed whether or not the applicable rule was mentioned in the protest.

So, it's not explicit, but by rule 3, you're bound to follow the rules. Two turn penalties are only applicable for breaking a Part 2 rule.

 

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Post Options Post Options   Quote RC311 Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 05 at 11:18am
Totally agree with Presuming Ed. If you hit another boat whilst doing a
penalty turn then you have broken a rule of Part 2 (20.2) and the penalty
for breaking a rule of Part 2 is clearly stated in 44.1 - you may take
another penalty turn. Can't see anything in the rules that implies that you
have to retire, unless you cause serious damage or injury, or it is stated
otherwise in the Sailing Instructions (see rule 44.1)
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Post Options Post Options   Quote Guests Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 05 at 12:55pm

impressed at last!

 

Eds clear and concise explanation is a breath of fresh air in the debates on rules (I have seen) .

 

Should chuck him a few more scenarios

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Post Options Post Options   Quote yellowhammer Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 05 at 2:23pm

Presume that one's settled? How about this protest situation  (not strictly racing rules) from our Laser 3000 Nationals at the Royal Torbay Regatta two weeks ago.

Six races scheduled over three days, one discard if 4 or more races sailed. An inner course for dinghies and an outer course for small keelboats, windward/leeward. Keelboat classes had several starts, followed by Laser 3000 class start and then mixed handicap dinghies. The sailing instructions described the windward marks as orange cylindrical buoys. Unfortunately there was an orange dan buoy on the course inside the inner windward mark, and you couldn't see the far keelboat mark at this point due to conditions.

In Race 1, all but two Laser 3000s and all but one of the MH dinghies took the dan buoy to be our windward mark and sailed the wrong course (i.e. only 3 out of 40 boats sailed the right course). The committee boat said nothing between races, and on Race 2 the several of the lead Laser 3000s and a number of MH dinghies sailed the wrong course again.

Mr H (a visitor who sailed the wrong course in both races) was credited with race wins in the provisional results for Races 1 and 2, but was protested by Mr J (a local boat who was one of two who sailed the right course in both races), along with a list of other boats who Mr J had observed sailing the wrong course.

Races 3 and 4 were sailed on the second day, with Mr H scoring a 1st and a 2nd, Mr J scored two 3rds. Races 5 and 6 on Day 3 were cancelled. Four races counted with 1 discard.

Mr J's protest was upheld, and Mr H was DSQ from Races 1 and 2 giving Mr J the championship. Mr H then protested the race committee, claiming the race instructions were not clear based on the number of boats that sailed the wrong course and that he was materially disadvantaged. There had also been no pre-race briefing. Mr H's protest was rejected, but he is referring it to ISAF.

Hope you followed that .... does "Mr H" have any possible grounds for redress?



Edited by yellowhammer
Laser 3000 @ Leigh & Lowton SC
www.3000class.org.uk
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Post Options Post Options   Quote Stefan Lloyd Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 05 at 2:58pm

Originally posted by yellowhammer

Hope you followed that .... does "Mr H" have any possible grounds for redress?

I was involved in a similar protest involving a fleet of 30-ish boats who sailed all kinds of different courses after the committee failed to remove a buoy left in a very confusing place after a windshift. It was exactly where you would expect the wing mark to be, and that is what many people assumed. As it happened, the correct course (or more precisely, the one the committee intended!) was also the shortest one.

The case was heard by a National Judge. He did accept that the course was confusing. He was extremely reluctant to throw the race, since some boats did sail the correct course. The results were allowed to stand, with boats that sailed the wrong course counting their places in the series, on the basis it was the boats who sailed the right one that won anyway. I was, and remain, fairly surprised by that ruling, but despite mutterings nobody appealed, so it stood.

I also once protested the committee when we were the only boat in a large fleet to sail the correct course. The others headed for a mark laid for another event entirely. The committee abandoned the race and restarted it, but didn't give us enough time to reach the restart, since we were a mile away from the rest of the fleet, finishing the original course. The results of the 2nd race stood but we were awarded joint 1st place, which everyone seemed to find equitable. Again, this was heard by a National Judge.

I don't know if this helps, other than 1. judges can take the view that the course was confusing and redress may be appropriate and 2. there are all sorts of remedies they can apply.

 

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Post Options Post Options   Quote Guests Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 05 at 3:15pm

There is precident in ISAF appeals cases and if boats are allowed to keep results for incorrectly sailed courses (for what ever reason) a boat that sailed the CORRECT course cannot be beaten by those that did not and should be scored accordingly.

If Mr H proves that he was materially prejudaced , he should get his results reinstated , but as he sailed wrong course for those races he could not beat those that sailed correctly.

I leave it to Ed to show you relevant cases,rules etc .

 

One last thing .

 

Everyone talks about protesting committees , this is not allowed within the rules of sailing , the correct term for this action is "Seeking Redress" , I couldn't quantify the number of times I've heard "Someones going to PROTEST the committee ", this induces a very negative situation and inexperienced R.Os take it as a personal attack rather than someone just "Seeking Redress" there after it gets messy.

 

Ask for redress and it calms the situation down .

 

 

 

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Post Options Post Options   Quote Guests Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 05 at 3:23pm

One other tiddly bit , you seek redress from national organising body , before isaf, ie RYA.

 

bin there , done it, got the hat , and the redress .

 

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yellowhammer View Drop Down
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Post Options Post Options   Quote yellowhammer Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 05 at 6:24pm
Originally posted by Bob Inn

If Mr H proves that he was materially prejudaced , he should get his results reinstated , but as he sailed wrong course for those races he could not beat those that sailed correctly.

This suggests Mr H could be awarded 3 pts in the first race (1st boat on the shorter course, but placed behind the two that sailed the longer correct course), scoring 3,1,2 after a discard against Mr J's 1,3,3, thus taking the champoinship. Could be interesting ... I'll pass on the link to Mr H (Medway Maniac).



Edited by yellowhammer
Laser 3000 @ Leigh & Lowton SC
www.3000class.org.uk
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