If you are fouled and the offending party does not do their turns then you are obligated to file a protest IMO.
Yes and no. There is no rule that requires a boat to protest. However, the preamble to the rules says:
Competitors in the sport of sailing are governed by a body of rules that they are expected to follow and enforce.
Although you are not compelled to protest, you are expected to.
How does one really know if the offender did their turns? You're not required to do them immediately .... only before you complete the race. Right?
Wrong. As mbounds already pointed out, (in fleet racing) the penalty turn(s) must be taken as soon as possible - not when convenient.
...we did our turns before finishing. ... I am not even sure we did the turn correctly ... coming to the leeward mark on port. gybed to starboard, headed up, tacked and the went to the mark on starboard
It sounds like:
1) you didn't do your turn(s) "as soon as possible", which is incorrect
2) you did one turn - not two. This is not correct according to the rules, unless the Sailing Instructions changed the penalty (which they often do).
3) the turn you describe DOES satisfy the requirement of "one tack and one gybe in the same direction". A penalty turn does not have to be a complete 360 degrees.
Doing them ASAP == before the finish so I've got all bases covered.
No. ASAP means immediately after the incident, not anytime before the finish. See the quote below:
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, she shall sail completely to the course side of
the line before finishing.
In fleet racing, the above language governs. ASAP means ASAP, not when it is convenient to do so.
yeah I always thought that the words "as soon as possible" were a poor choice in this rule.
Well, "as soon as possible" is less problematic than the term "promptly" (which occurs later in the rule). In either case, substitute the phrase "without delay" to better interpret rule 44.2.
what dictates if its a 1 turn or 2 turn penalty?
whats the penalty for secretly attaching someones catamaran to a cinder-block?
The penalty for breaking a rule of Part 2 ("When Boats Meet") when racing is two turns - unless the SI's specify differently. The penalty for breaking rule 31 ("Touching A Mark") is one turn. Attaching a cinder-block to someone else's boat would constitute a breach of rule 2 ("Fair Sailing"), and the penalty would be DNE (disqualification non-excludable). If the Protest Committee felt it constituted a "gross breach of sportsmanship", then you might wind up facing greater penalties.
I hope that helps,
Eric
US Sailing Certified Judge
Member, Area D Appeals Committee
