If a buoy or other object specified in the sailing instructions as a finishing-line
limit mark is on the post-finish side of the finishing line, it is not a mark.
Summary of the Facts
The finishing line was between a mast on shore and a mark, with an inner
limit mark to be left to port. On the day in question, the inner limit
mark lay on the post-finish side of the line. P crossed the line, and
then rounded the inner limit mark as shown in the diagram. The race
officer timed her as finishing when her bow crossed the line, before
she had rounded the limit mark.
S requested redress on the grounds that the race officer acted incorrectly
in recording P as having finished before she had completed the course.
The protest committee did not give S redress and referred that decision,
under rule 70.2, for confirmation.
Decision
The protest committee’s decision is confirmed. Rule 28.2 states
that ‘A boat may leave on either side a mark that does not begin,
bound or end the leg she is on.’ Since the inner limit mark was
beyond the finishing line it did not ‘bound’ or ‘end’
the last leg of the course. Only when a limit mark is on, or on the
course side of, the finishing line is it a mark, as that term is defined,
and only then must a boat leave it on the specified side before, or
when, finishing.