Note: This forum is not affiliated with World Sailing and comments on this forum do not represent an official interpretation of the rules, definitions, cases or regulations. The only official interpretations are those of World Sailing.
Rule 40.2.b ......at all times while afloat that day
Yes, they break the rule. Technically, they also beak the rule if they are on a floating dock without a PFD. This is a rule that had a lot of unintended consequences.
Was the Y flag flying ashore or from the committee boat? Also, 40.1 references "each competitor." Would a boat be considered "competing" if the racing is done?
The question is, of course, how long after the finish the Rules can apply to a boat. At Pac Cup, this has been the subject of debate, or at least concern. We insist on good behavior all week at our host clubs, and we require boats to come directly to the inspection dock after finishing, without stopping or taking on or discharging crew or gear. We have penalized boats for breaking those requirements, but they have not gone up on appeal.
I think it's reasonable that the SI's would say that a boat can't change anything until after inspection - I wouldn't expect an appeal to be successful. And insisting on good behavior falls outside of the NOR or SI's, but is common sense. I think I recall a rule 69 investigation regarding behavior at a yacht club - my understanding is that 69 allows for that kind of allegation before, during, or after racing.
The preamble to part 4 says it applies to boats racing unless the rule states otherwise. None of rule 40 specifically states otherwise. Common sense says: 40.1 refers to competitors - if the event is over, you can't be competing. The definition of racing doesn't apply and you can't be subject to the NOR or SI's any longer. 40.2 (a) refers to while racing 40.2(b) refers to at all times while afloat that day in the context of 40.1 "competitors". Therefore 40.2(b) can't apply after the event is over. If other safety rules of the club apply at other times while on or in their premises under their jurisdiction, that's a different matter. 40.2(c) is also in the context of when the CLASS RULES, NOR, OR SI apply.
If you're sailing your boat within the context of a competition or an event governed by its specific rules, then you're subject to those, otherwise you're on your own and subject to your government's boating rules.
Hi Phil and Phil. I think I respectfully disagree on this. 40.2(b) says “while afloat for the Day” not while racing.
I think the goal was possibly to assure that competitors were subject to this rule until they were home safely and not simply finished with the last race of the event.
So the rule is equally applicable retroactively to a boat arriving in the morning before racing without PFDs on. Then I agree that the rule needs to be tightened up.
Also, 40.1 references "each competitor." Would a boat be considered "competing" if the racing is done?
And insisting on good behavior falls outside of the NOR or SI's, but is common sense. I think I recall a rule 69 investigation regarding behavior at a yacht club - my understanding is that 69 allows for that kind of allegation before, during, or after racing.
40.1 refers to competitors - if the event is over, you can't be competing. The definition of racing doesn't apply and you can't be subject to the NOR or SI's any longer.
40.2 (a) refers to while racing
40.2(b) refers to at all times while afloat that day in the context of 40.1 "competitors". Therefore 40.2(b) can't apply after the event is over.
If other safety rules of the club apply at other times while on or in their premises under their jurisdiction, that's a different matter.
40.2(c) is also in the context of when the CLASS RULES, NOR, OR SI apply.
If you're sailing your boat within the context of a competition or an event governed by its specific rules, then you're subject to those, otherwise you're on your own and subject to your government's boating rules.
40.2.b does not specifically state otherwise.
I think the goal was possibly to assure that competitors were subject to this rule until they were home safely and not simply finished with the last race of the event.
Then I agree that the rule needs to be tightened up.