Sailing Instructions vs Racing Rules

An interesting case has just been raised in discussions relating to a claim.  I'd be interested to learn the thoughts of any rules gurus.

The situation is as follows:

The Sailing Instructions of a regatta contained the following:
"Boats whose warning signal has not been made shall keep clear of the starting area and of all boats whose warning signal has been made. Attention is drawn to RRS22.1"

Boat A has missed her start and is approximately 200m downwind of the start line 90 seconds after her starting signal, sailing close hauled on port tack.

Boat B is sailing in a different fleet awaiting her preparatory signal, sailing on starboard tack.

As the two boats approach, boat A hails "We are racing", boat B "Hails starboard".  Boat A attempts to take avoiding action, but fails and a collision occurs.

Obviously if both boats were racing, boat A should keep clear as per RRS10, but as Boat B is not yet racing, she should keep clear of boat whose warning signal has been made, as per the sailing instructions.

My question to the forum is - When the Sailing Instructions and the Racing Rules are in conflict, which should take precedent? 

But if both boats had signed the entry form agreeing to be bound by the sailing instructions and the racing rules, would this effectively give right of way to a port tack boat who is racing over a starboard tack boat awaiting her preparatory signal?

I'm not a "guru" but my take would be:

Racing A boat is racing from her preparatory signal until she finishes

So Boat A was racing and B was not.

RRS 22.1 If reasonably possible, a boat not racing shall not interfere with a boat that is racing.

So B is wrong under 22.1, unless it wasn't "reasonably possible" to avoid A, which doesn't sound the case.

There is no conflict between SIs and RRS.

Colregs are irrelevant because both boats are contracted to follow the RRS. The boundary of the "starting areas is also irrelevant.

 

 

Noble Marine

Could you clarify if the collision took place before the 2nd boat's warning signal (5 mins) or preparatory signal (4 mins) as the terms have been used interchangably above.

Also please clarify the SIs do they state a time limit for a boat to cross the line after the start signal...some acutually say must cross the line within 2 minutes of the start signal.