A race is started under rule 30.3 (black flag) (or flag U as described in the sailing instructions). Boat A is identified by the race committee, on the course side of the starting line during the last minute before her starting signal. A few seconds before the starting signal boat A returns completely to the pre-start side of the starting line, and subsequently starts after the starting signal. She sails the course as described in the sailing instructions and crosses the finishing line as the first boat.

The sailing instructions include the following paragraph: ‘Boats failing to finish within 15 minutes after the first boat sails the course and finishes will be scored Did Not Finish without a hearing.’

Question 1

Should the time limit be taken from the when boat A crosses the finishing line, considering that although she is to be scored BFD (or UFD) in the race, she complied with the wording of the definition Start, sailed the course and crossed the finishing line?

Answer 1

Yes. Whilst the boat will be scored BFD or UFD, she has complied with the requirements of the sailing instruction when she has sailed the course and crossed the finishing line, and therefore the time limit should be taken from when she crosses the finishing line. Rule 90.3(a) requires that at least one boat has sailed the course in compliance with rule 28, which boat A has.

Situation 2

The situation at the start is similar to in Question 1. The course is a windward/leeward course with 2 laps. When the boats are on the second windward leg, the wind shifts 90 degrees and weakens significantly. The race committee decide to shorten the course at Mark 1, but for some reason there is a delay in communicating to the mark-boat that the course should be shortened. At the time the mark-boat is ready to signal, boat A, who is leading the fleet, has already rounded Mark 1.

Question 2

May the race committee still signal shortening the course for the second boat, as it knows boat A was BFD (or UFD)? Is boat A ’the first boat’ in terms of rule 32.2?

Answer 2

For the purpose of rule 32.2, boat A is ’the first boat’, and the race committee may not signal a shortened course after boat A has crossed the finishing line. In addition, there are no guarantees that the decision to score the boat BFD or UFD will not be overturned in a later redress hearing.

Question 3

Would the answers for Questions 1 and 2 be different if boat A had not returned to pre-start side of the starting line before starting?