Rule 28.1, Sailing the Course Rule 32.1, Shortening or Abandoning After the Start Rule 64.1(c), Decisions: Penalties and Exoneration Rule A5, Scores Determined by the Race Committee
When one boat breaks a rule and, as a result, causes another to touch a
mark, the other boat is to be exonerated. The fact that a starting mark has
moved, for whatever reason, does not relieve a boat of her obligation to start.
A race committee may abandon under rule 32.1(d) only when the change in the
mark’s position has directly affected the safety or fairness of the competition.
Summary of the Facts
As S and P, close-hauled, approached the port end of the starting line,
a strong tide was setting them towards the line and the starting line
mark. When S was two hull lengths from the mark, she hailed P to keep
clear. There was no response, and S was forced to bear away to avoid a
collision. Immediately after the starting signal, P sailed over the mark.
As S luffed back to close-hauled, on a course to the wrong side of the
mark, it jumped out from under P’s hull and bounced against S. P
did not take a penalty, and S did not return to start between the starting
marks. S protested P under rules 10 and 31, and also requested redress,
asking that the race be abandoned, citing rule 32.1(d). The protest committee
disqualified P for breaking rules 10 and 31, refused S’s request
for redress, and scored S DNS. The latter decision was referred to the
national authority for confirmation or correction, along with a question:
If S had returned to start as required by rule 28.1, could the race have
been abandoned under rule 32.1(d) because of the mark having moved?
Decision
Although S touched the mark, she could not be expected to anticipate how
it would move when another boat touched it. Therefore, as provided in
rule 64.1(c), S is not penalized for contact with the mark because it
was P’s two breaches that caused the mark to touch S. However, S
could have returned and started as required by rule 28.1. The fact that
the starting mark moved does not relieve her of her obligation to start.
Because S did not start, the race committee was correct in scoring her
DNS (see rule A5).
Rule 32.1(e) makes it clear that the most important criterion for abandoning
a race is that, for some reason, the safety or fairness of the competition
has been adversely affected. The last sentence of rule 32.1 and the use
of ‘competition’ in rule 32.1(e) imply that the adverse event
should affect all boats competing. Rules 32.1 (a), (b), (c) and (d) give
examples of reasons that may justify abandoning a race; rule 32.1(e) implies
that there may be other reasons. In this case, the unexpected movement
of the starting mark as a result of P riding over it did not justify abandoning
the race. Indeed, the exact position of a mark frequently and routinely
changes as a result of wind, current, waves or it having been touched
by a boat, even though its anchor does not move. Such movement is a risk
that competitors must accept and does not justify abandoning a race.