Ask
Dr. Rules any regatta...sailing or rules question and your answers will be published on NOYC.ORG...source of questions will be kept anonymous. Click here to ask a question. Click the above graph to see Bitchen's story. Dear Dr. Rules, First, off the record, DICK ROSE WOULDN’T RETURN MY CALLS! I recently witnessed a competitor hit the starting mark pin and get called over early by the race committee. This all occurred at the sound of the gun. The competitor I'll call "Goomba", did one medium size circle that included one jibe, and one tack and then restarted. My confusion is whether or not "Goomba's" 360 degree turn that included looping the mark exhonerated him from being over the line early and hitting the mark. "Goomba's" loop did not interfere with any other boats. Basically, all "Goomba" did was circle the mark. "Goomba" also won the damn race! I confronted him afterwards and he replied (in first person) "Goomba, doesn't write the rules, he just sails by them"! Is "Goomba" right and is he clean. Thank you as this is so much easier than filing a protest. Just Bitchen'
in Bucktown Dear Bitchin, Dick Rose is a smart man and just knew better than to respond to someone named “Bitchin”. I have, in fact, written to him and received prompt and thoughtful response in the past. That having been said, let’s see how Dr. Rules would have dealt with Mr. Goomba had you dragged his sorry butt before the good doctor. As always let’s start with the rules. The first part of the book we go to is Part 3: Conduct of a Race. First, as to being OCS: 29.1 On the Course Side at the Start: When at a boat's starting signal any part of her hull, crew or equipment is on the course side of the starting line, she shall sail completely to the pre-start side of the line before starting. So, per your
story, Goomba did sail completely to the pre-start
side before (re)starting. Next let’s look at what happens when you touch a
mark:
31 TOUCHING A
MARK
31.1 While racing, a boat shall not touch a starting mark before starting, a mark that begins, bounds or ends the leg of the course on which she is sailing, or a finishing mark after finishing. You
didn’t say whether Goomba touched the mark before
starting or after, but either way, he has infringed 31.1, so let’s keep going: 31.2 A boat that has broken rule 31.1 may, after getting well clear of other boats as soon as possible, take a penalty by promptly making one complete 360º turn including one tack and one gybe. When a boat takes the penalty after touching a finishing mark, she shall sail completely to the course side of the line before finishing. However, if a boat has gained a significant advantage in the race or series by touching the mark she shall retire. Here, I assume that Goomba completed the 360 degree turn “promptly” to your satisfaction. A kicker here is whether he “gained a significant advantage” although it would be hard to convince a jury (and the good doctor) that something occurring at the start in this type situation helped him win a race (the significant advantage part comes into play in large fleets where a boat might rather sneak into a weather mark without rights rather than fight a 30-boat long procession on the starboard layline). The rule says he must get well clear of other boats, which I’m assuming he did, but the rule doesn’t say anything about the mark. It also doesn’t say how tight or loose the turn must be (referencing your comment as to a “medium size circle”), assuming that the larger the turn, the longer it would take, except that a really tight turn would stop the boat. Well, so far, it seems like the
old Goomba has met the requirements of RRS 29.1 and
31. “ 44.4
Limits on Penalties (a) When a boat intends to take a penalty as provided in rule 44.1 (Dr. Rules comment: the 720 rule) and in the same incident has touched a mark, she need not take the penalty provided in rule 31.2. Look at that, they’re talking about our rule 31.2, but in this case they are saying that if you foul someone and touch a mark at the same time, you just need to do a 720 (and not a 720 for hitting the boat plus a 360 for hitting a mark). Therefore, if you have two penalties in one, you only have to exonerate yourself once, with the more severe penalty. Oh well, a good lesson, but it doesn’t apply here because the starting infraction isn’t an infringement of Part 2 (When Boats Meet). There is nothing else in the book (including in all 170+ pages of the Case Book) that specifically covers our incident. There is no rule that says you simultaneously commit more than one infraction you must do one “penalty” per infraction, in fact a precedent is set in RRS 44.4 that indicates otherwise. Therefore, Dr’s Ruling is that Goomba violated and exonerated himself of RRS 29.1, and violated RRS 31.1 and exonerated himself by complying with rule 31.2 OK, where’s my beer, get off my ladder kid, THROW ME SOMETHIN’ MISTA! Dr Rules. edition December 2001
|