History of Obligation to Retire or take a penalty
Pre 1961
Prior to the 1961 rewrite combining the NAYRU an IYRU rules:
- The IYRU rules did not address an obligation to retire on breach of a rule in any way.
- The NAYRU Rules, in Appendix 1 The Proprieties of Yacht Racing said
The interests of the sport will be best served by voluntary withdrawal as soon as it becomes clear to a yacht that she has violated a rule …
1961 Rules
In the 1961 rules, Rule 33 provided
33 – Retiring from Race
As soon as a yacht, while racing realises that she has infringed a racing rule or a sailing instruction she should retire immediately; but, if she persists in racing other yachts shall continue to accord her such rights as she may have under these rules.
This rule did not place an enforceable obligation on the infringing yacht, but did oblige other yachts to keep giving her rights.
Fair sailing was dealt with by Rule 49, as follows.
49 – Fair Sailing
A yacht shall attempt to win a race only by fair sailing and superior speed and skill. However a yacht may be disqualified under this rule only in the case of a clear-cut violation of the above principles and only if no other rule applies
1973 Rules
In 1973, Rule 33 was changed to make retirement when a boat 'realises she has infringed a racing rule' an obligation, as follows
33 – Retiring from Race
A yacht which realises she has infringed a racing rule or a sailing instruction is under an obligation to retire promptly, but when she persists in racing, other yachts shall continue to accord her such rights as she may have under the rules of Part IV.
It might be thought that this back-handed wording about 'obligation', instead of a straightforward 'shall' was intended to still focus the rule on the requirement of other yachts to continue to accord her her rights.
Rule 49 was unchanged.
1977 Rules
Turns and Scoring Penalties were introduced as ‘Alternative Penalties’ in Appendix 3 in the 1977 rules.
Rule 33 was accordingly amended to read as follows
33 Rule Infringement
33.1 ACCEPTING PENALTY
A yacht which realises she has infringed a racing rule or a sailing instruction is under an obligation either to retire promptly or to exonerate herself by accepting an alternative penalty when so prescribed in the sailing instructions, but when she does not retire or exonerate herself and persists in racing, other yachts shall continue to accord her such rights as she may have under the rules of Part IV.
Rule 49 was deleted and a new section ‘Fundamental Rule’ containing one, unnumbered rule substantially the same as the old Rule 49, as follows was inserted immediately after the title page and before Definitions,
Fair Sailing
A yacht shall participate in a race or series of races in an event only by fair sailing, superior speed and skill, and, except in team races, by individual effort. However, a yacht may be disqualified under this rule only in the case of a clear-cut violation of the above principles and only when no other rule applies.
Comment: While this rule does not use the word 'principle', it enumerates ‘principles’ as follows:
● Fair sailing,
● Superior speed and skill; and
● Individual effort.
1985 Rules
Rule 33.1 Accepting Penalty
Remained unchanged
Fair Sailing rule
Was now accompanied by two other Fundamental Rules:
- Fundamental Rule A Rendering Assistance (corresponding to present RRS 1), and
- Fundamental Rule B Responsibility of a Yacht (corresponding to present RRS 3).
Fair Sailing became Fundamental Rule C.
1988 Rules
Fundamental Rule Fair Sailing was expanded by specific reference to 'recognised principles of fair play and sportsmanship' as follows
C. Fair Sailing
A yacht, her owner and crew shall compete only by sailing, using their speed and skill, and, except in team racing by individual effort, in compliance with the rules and in accordance with recognised principles of fair play and sportsmanship. A yacht may be penalised under this rules only in the case of a clear-cut violation of the above principles and only when no other rule applies …
The Accepting Penalty part of what had been Rule 33.1 now became Fundamental Rule D Accepting Penalties as follows
D. Accepting Penalties
A yacht that realises she has infringed a rule shall either retiree promptly or accept an alternative penalty when so prescribed in the sailing instructions.
The ‘continue to accord rights’ part of rule 33 was stated as a new rule 34 as shown below.
34 Maintaining Rights
When a yacht that may have infringed a rule does not retire or exonerate herself other yachts shall continue to accord her such reighs as she has under the rules of Part IV.
Summary Immediately Prior to the 1995 Rewrite
Fundamental Rule C Fair Sailing required yachts to compete in accordance with recognised principles of fair play and spoortsmahship without those principles being stated in the rules.
Fundamental Rule D Accepting Penalties provided an express obligation on a yacht that realises she has infringed a rule to either retire promptly or accept an alternative penalty.
Note: this rule, from it's inception has been conditional on the yacht realising, that is, knowing, that she has broken a rule.
Fundamental Rule C Fair Sailing, last sentence provided that the Fair Sailing Rule could not be used to penalise a boat if any other rule applied, that is to say that the Fair Sailing rule could not be used to penalise a boat for not taking a penalty. However, this had little significance because, unlike the present RRS 2, the penalty for breaking the Fair Sailing Rule was no different from the penalty for breaking any other rule.
1995 Rewrite of the Rules (1997 Rules)
The Fair Sailing rule now became:
2 FAIR SAILING
A boat and her owner shall compete in compliance with recognized principles of sportsmanship and fair play. A boat may be penalized under this rule only if it is clearly established that these principles have been violated. A disqualification under this rule shall not be excluded from the boat's series score.
The Accepting Penalties rule was now represented by a boxed ‘homily’ in the Introduction as follows
SPORTSMANSHIP AND THE RULES
Competitors in the sport of sailing are governed by a body of rules that they are expected to follow and enforce. A fundamental principle of sportsmanship is that when competitors break a rule they will promptly take a penalty or retire
Comments:
Fair Sailing Rule
- No longer refers to ‘sailing’, ‘speed and skill’, ‘individual effort’ or ‘in compliance with the rules’.
- No longer refers to ‘sailing’, ‘speed and skill’ or ‘individual effort’ as principles.
- This leaves only one ‘fundamental principle’ stated in the ‘homily’, when competitors break a rule they will promptly take a penalty or retire.
- Restriction only when no other rule applies deleted.
- Adds that penalty for breaking this rule is DNE.
Accepting Penalties Rule
- Moved from Fundamental Rules, into the Introduction under the heading Sportsmanship and the Rules, but remains a rule because Introduction is defined as part of the rules
- Now expressed as a ‘fundamental principle of sportsmanship’
- Omits the mental element ‘realises’.
- Also called up into the numbered rules by rule 2 which refers to ‘recognised principles of sportsmanship and fair play’.
Comment. Elvstrom explains this restructuring as intended to enable the choice of either rule 2 or rule 69 for dealing with failure to take a penalty.
I'll try to continue this later.