Flying Scot 36 vs. Flying Scot 92
Rule 44.1 does not provide time for a boat to deliberate whether she has broken a rule. If a boat decides too late that she has broken a rule, the penalty provided by rule 44 is not available to her.
Facts and Decision of the Protest Committee
Flying Scot 36 (W) and Flying Scot 92 (L), both on starboard tack, made contact three to four hull lengths before rounding the leeward mark. After the contact, each boat hailed protest and displayed a protest flag.
Each felt that the other boat had broken a rule. Both boats rounded the mark and proceeded on port tack up the windward leg of the course. W, after sailing about three hull lengths, tacked onto starboard and sailed about ten more hull lengths through the balance of the fleet (three or four boats) still on the downwind leg. W then took a Two-Turns Penalty. L protested W, claiming that W had broken rule 11 (On the Same Tack, Overlapped).
Decision of the Appeals Committee
September 1990
The protest committee found that W had broken rules 11 and 14 (Avoiding Contact), and disqualified her because she had not exonerated herself by following rule 44.2, since she sailed for several minutes before starting her penalty. W appealed.
Decision of the Appeals Committee
Rule 44.1 permits a boat to take a penalty at the time of the incident. Rule 44.2 requires the boat to sail well clear of other boats as soon as possible after the incident and promptly make two turns as described in the rule. Together, these rules require a boat that decides to take a penalty to do so as soon as possible after the incident. The rule does not provide for time for a boat to deliberate whether she has broken a rule. If she delays in doing her penalty turns, she is still liable to be disqualified.
The facts found by the protest committee, including in particular the official diagram, lead to the conclusion that W did not sail well clear of all other boats “as soon after the incident as possible... .” No facts were found to suggest that any other boat’s presence prevented W from sailing well clear and completing her penalty turns before rounding the mark. In fact, she chose to round the mark, tack and proceed several hull lengths upwind before beginning her penalty turns.
W’s appeal is denied, and the decision of the protest committee is upheld. W remains disqualified.
September 1990