At the starting signal both Yellow and Blue are over early, and it is an I flag start (Rule 30.1 is in play). At about 4 boat lengths Blue gybes and Yellow tacks back toward the pin end of the starting Line. When Blue reaches the Zone at position 5 Yellow is overlapped inside and to windward of Blue. At position 6 Yellow hails for “mark-room” and Blue hails “no room”. At position 7 Yellow’s boom hits Blue and Yellow hits the mark. Yellow files a valid protest against Blue and there is no damage or injury as a result of the contact.
What rules apply and how do you decide this case?
Intended Answer:
Rules that Apply – Rule 11 windward keep clear, Rule 14 avoid contact, Rule 31 touching a mark
Rules that don’t apply at a starting mark when approaching it to start – Section C (rules 18, 19 & 20). See the preamble to Section C of the rules.
Both boats were circling back to start and were approaching the starting mark to start. Therefore, Rule 18 does not apply to the mark, Yellow is not entitled to mark-room and must keep clear of Blue by Rule 11 (windward boat keep clear). Blue does not change course so Rule 16 does not come into play. Yellow also breaks Rule 31 by hitting the mark, and both Break Rule 14 for not avoiding contact.
DSQ Yellow for breaking Rules, 11, 31 and 14. Blue is not penalized for breaking Rule 14 by Rule 14(b) because there is no damage or injury.
As for exonerating Yellow for breaking Rule 31 for being compelled to hit the mark by Blues breach of Rule 14. I don’t see this as Dick does. Yellow would have missed the mark if she had gone on the wrong side and stayed clear of Blue, so it does not look to me that she was compelled to hit the mark by any action of Blue. I do agree that Blue might have been better off avoiding the contact and then protesting, because if there was damage she would be DSQ also.
The question of how many circles one must do for braking more than one Rule. The guideline by US sailing is that it is one penalty per incident regardless on the number of rules broken if breaking the other rules was an inevitable consequence from the incident. I’ve attached the US Sailing Appeal 65 that addresses this and it explains the principal far better than I can. I find no similar ISAF Case so I do not know how this is defined in other jurisdictions.