Does Case 140 apply to Radio Sailing as Appendix E3.7 adds. the phrase ‘shall leave the course area immediately’ to 30.3 (U flag) and 30.4 (black flag) starts?

The facts here are similar to Case 140, Answer 1, Paragraph 2.

Boats are lined up below the start line, with sails luffing. Boat X is next to the right end pin, with boats to leeward. With 4 seconds to go, boat Y comes in from astern and hits the transom of X, pushing her over the line before the start signal. Boat X protests boat Y and returns to restart and sails the course and finishes. As she was identified as being in the forward triangle, Boat X was scored BFD/UFD.

Boat X promptly protested Boat Y. Boat Y took an E4.3 penalty (one tack and one gybe). 

Under R 43 and Case 140, if the offending boat is penalised, or takes an appropriate penalty, boat X is to be exonerated. Boat X files her protest – not a request for Redress.

The PC finds that Boat X was forced to break a rule, by the actions of a boat breaking a rule of Part 2, in this example. R 12. 

Under Case 140, in ‘big’ boats, a PC upon hearing the protest, may exonerate X and penalise Y for breach of R 12 – either by DSQ, or confirm she took an appropriate penalty at the time of the incident. With that finding, the PC may require the RC to rescore X in her finish position and rescore the rest of the fleet. 

Q1. In Radio Sailing, may the PC use Case 140 and exonerate X and require the RC to rescore X and the rest of the fleet even though X did not comply with E3.7 and leave the course area?

Q2. As Boat X protested and Boat Y took an appropriate penalty under E4.3 at the time of the incident, may the RC assume that Boat X is exonerated without a PC finding, and score Boat X in her finish position and score the rest of the fleet accordingly?

Thanks for any insights

John