Part 4 (Rules 40 – 56) of the Racing Rules of Sailing covers other requirements while racing. In this article, we’ll highlight rules 43 and 44 – Exoneration and Penalties at the Time of the Incident. We’ll cover additional part 4 rules future articles. – is also an important rule for sailors.
This series updates the Inland Lake Yachting Association (ILYA) #FairSailing initiative begun in 2018. In the update, we’ve incorporated the 2021-2024 changes and added a video version of the article.
Video – Exoneration and Penalties
Rule 43 – Exoneration
“43.1 (a) When as a consequence of breaking a rule a boat has compelled
another boat to break a rule, the other boat is exonerated for her
breach.
(b) When a boat is sailing within the room or mark-room to which
she is entitled and, as a consequence of an incident with a boat
required to give her that room or mark-room she breaks a rule of
Section A of Part 2, rule 15, 16, or 31, she is exonerated for her
breach.
(c) A right-of-way boat, or one sailing within the room or mark-room
to which she is entitled, is exonerated for breaking rule 14
if the contact does not cause damage or injury.
43.2 A boat exonerated for breaking a rule need not take a penalty and shall
not be penalized for breaking that rule.”
Definitions
Rule. In summary, rules include the racing rules of sailing, certain World Sailing Regulations, national authority prescriptions, class rules, notice of race, sailing instructions and any other documents that govern the event,. See the full definition here.
Previously-defined terms: room, mark-room
Rule 43 Changes and Key Points
- Rule 43 is new for 2021-2024. The new rule consolidates statements from previous rules 14(b), 21, and 64.1(a) into one rule.
- The wording “shall be exonerated” in the previous rules was changed to “is exonerated” to clarify that a protest hearing is not required.
- Rule 43.1(a) exonerates a boat in any situation in which she is compelled to break a rule because another boat has broken a rule.
- Rule 43.1(b) exonerates a boat from breaches of certain rules when she is sailing within the room or mark-room to which she is entitled.
- This rule could apply in any situation that requires a boat to give room or mark-room, including rule 15 (acquiring right of way), rule 16 (changing course), rule 18 (mark-room), rule 19 (room to pass an obstruction), and rule 20 (room to tack at an obstruction).
- Rule 43.1(c) exonerates a boat from breaches of rule 14 (avoiding contact) if she is the right-of-way boat or sailing within the room or mark-room to which she is entitled. This applies only if the contact did not cause injury or damage.
Rule 43 Scenarios
#1 – Mark-Room, Example 1
Description: Yellow and Blue are sailing to the leeward mark. Blue is clear ahead when reaching the zone. Blue sails wide of the mark but then heads up aggressively to a close-hauled course, forcing Yellow to hit the mark. Yellow protests Blue for violating Rule 16. Blue protests Yellow for hitting the mark.
Which boat should promptly take a penalty? Which boat should be exonerated, and for which rules should she be exonerated for breaking? Answer
#2 – Mark-Room, Example 2
Blue is rounding a leeward mark inside Yellow and is entitled to mark-room under rule 18.2(b). Yellow heads up, making contact and forcing Blue to head up and hit the mark.
Which boat should promptly take a penalty? Which boat should be exonerated, and for which rules should she be exonerated for breaking? Answer
#3 – Obstruction
Blue is on port tack with Green to leeward. Blue and Green approach Yellow, a starboard boat, which is an obstruction. Green ducks Yellow but does not appear to be giving Blue room to duck. Blue heads down to duck, forcing Green to head down further. Green protests Blue for breaking rule 11.
Should Blue promptly take a penalty? Answer
Rule 44 – Penalties at the Time of the Incident
44.1 Taking a Penalty
“A boat may take a Two-Turns Penalty when she may have broken one or more rules of Part 2 in an incident while racing. She may take a One-Turn Penalty when she may have broken rule 31. Alternatively, the notice of race or sailing instructions may specify the use of the Scoring Penalty or some other penalty, in which case the specified penalty shall replace the One-Turn and the Two-Turns Penalty. However,
(a) when a boat may have broken a rule of Part 2 and rule 31 in the same incident she need not take the penalty for breaking rule 31;
(b) if the boat caused injury or serious damage or, despite taking a penalty, gained a significant advantage in the race or series by her breach her penalty shall be to retire.”
44.2 One-Turn and Two-Turns Penalties
“After getting well clear of other boats as soon after the incident as possible, a boat takes a One-Turn or Two-Turns Penalty by promptly making the required number of turns in the same direction, each turn including one tack and one gybe. When a boat takes the penalty at or near the finishing line, her hull shall be completely on the course side of the line before she finishes.”
Rule 44.3 – Scoring penalty. This rule describes an on-water scoring penalty option, in which a boat uses a yellow flag to accept a scoring penalty. Use of this option is uncommon and we will not cover it here.
Definitions
Previously-defined terms: finish
Rule 44 Key Points and Changes
- One-turn penalty for breaking Rule 31 (touching a mark).
- Two-turn penalty for breaking the rules of Part 2.
- Each turn consists of one tack and one gybe.
- Must take penalty after getting well clear of other boats as soon after the incident as possible.
- 2021 Change (shown in red in above rule text): Wording regarding penalties at the finish changed to clarify that the hull (not crew and equipment) must be on the course side of the finish line before she finishes after taking a penalty.
- 2021 Change (shown in red in above rule text): The notice of race or sailing instructions may specify a different penalty or use of a scoring penalty. Previously this was only allowed in the sailing instructions.
- Appendix V of the rules is a U.S. Sailing prescription that endorses two alternative penalties:
- One-turn penalty for Part 2 and Rule 31 violations, except two turns when in the zone around a mark. OR,
- 30% scoring penalty. Take the penalty by delivering a written notice to the race office describing the incident.
- Appendix V of the rules is a U.S. Sailing prescription that endorses two alternative penalties:
Rule 44 Questions
1. While sailing upwind on port tack, you do not see an approaching starboard tack boat until the last minute. The starboard tack boat alters course to avoid you. There is no contact. The starboard tack boat does not hail “protest.”
What are your actions in accordance with the rules? Answers
2. When rounding the windward mark, your boat contacts the mark. No other boats are nearby. You sail the course shown and continue on.
Have you properly completed a one-turn penalty? Answer
3. Five seconds before the start, your boat makes contact with a leeward boat. The leeward boat hails “protest.” You sail upwind for about 30 seconds to get clear air and then complete your penalty turns.
Have you properly complied with Rule 44? Answer
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World Sailing – Racing Rules of Sailing
