Racing Rules: BFD Redress

I can't think of a scenario except perhaps a situation where your boat was fouled somehow and pushed you OCS (to avoid collision or something).

Perhaps avoiding a potential port-tack starter near the pin and you headed up to avoid contact, and went OCS

Would having your protest flag flying at the time of the OCS help the later decision?

See todays front page story on Sailing Anarchy. The J24's are a tough fleet too.

CASE 140
Rule 30.3, Starting Penalties: U Flag Rule
Rule 30.4, Starting Penalties: Black Flag Rule
Rule 62.1, Redress
Rule 64.1(b), Decisions: Penalties and Exoneration
How the rules apply when a boat is compelled to cross the starting line by another boat that was breaking a rule of Part 2.


Facts for Question 1
A race is started under rule 30.3, U Flag Rule, or 30.4, Black Flag Rule. Twenty seconds before the starting signal there is an incident between boats A and B. The race committee identifies part of A on the course side. A does not return to the pre-start side of the starting line, but continues sailing the course and finishes. The race committee scores her UFD or BFD, as appropriate.

A lodges a valid protest against B. The protest committee disqualifies B for breaking a rule of Part 2. The committee finds that B, as a consequence of breaking a rule, has compelled A to break rule 30.3 or 30.4. It also finds that there was no injury or physical damage, and that B did not break rule 2, Fair Sailing.

Question 1
May the protest committee exonerate A for her breach of rule 30.3 or 30.4, and score her in her finishing position, even though A has never started according to the definition Start?

Answer 1
No. A has broken rule 30.3 or 30.4, but she has also broken rule 28.1 by failing to start (see the definition Start). B’s breach compelled A to break rule 30.3 or 30.4. However, it did not prevent A from sailing back to the pre-start side of the starting line and starting correctly. The protest committee may exonerate A under rule 64.1(a) for her breach of rule 30.3 or 30.4, and if so, the race committee shall score her DNS under rule A5.

Had A returned to the pre-start side of the starting line, started correctly, sailed the course and finished, the protest committee could have exonerated her for the breach of rule 30.3 or 30.4 and scored her in her finishing position.


Facts for Question 2
The race is started under rule 30.4, Black Flag Rule. The facts are the same as for Question 1, but this time there is a general recall. A’s sail number is properly displayed as required by rule 30.4. Before the restart, A informs the race committee that she intends to protest B for breaking a rule of Part 2 in the recalled start. A starts, sails the course and finishes the restarted race. The race committee scores her DNE. A lodges a protest against B for the breach in the initial start and requests redress. In her request she claims that the race committee acted improperly when it scored her DNE.

Question 2
If the protest committee decides that B broke a Part 2 rule and, when she did so, compelled A to break rule 30.4, may the committee give A redress by scoring her in her finishing position in the restarted race?

Answer 2
No. A initially broke the first sentence of rule 30.4 and was identified on the course side of the starting line. Then her sail number was properly displayed according to rule 30.4. Because the race committee displayed A’s sail number after a general recall, the penultimate sentence of rule 30.4 prohibited A from sailing in the restarted race. By starting in the restarted race, she breaks the penultimate sentence of rule 30.4. The race committee does not make a mistake when it scores her DNE. A is not entitled to redress because the race committee does not act improperly.


Facts for Question 3
The facts are the same as for Question 2 but this time A does not sail in the restarted race. When she comes ashore, she protests B for the incident in the initial start. The protest committee decides B broke a rule of Part 2 for which she cannot be penalized (see rule 36).

Question 3
If the protest committee decides that B broke a Part 2 rule and, when she did so, compelled A to break rule 30.4, may the protest committee change A’s BFD score?

Answer 3
Yes, the protest committee will exonerate A for breaking rule 30.4 and
will correct her score from BFD to DNS in the restarted race. However,
she is not entitled to redress because the race committee did not act improperly.

I'm surprised assigning a redress of an average score isn't an option if the boat that was OCS is completely exonerated of all fault for being OCS.

I do enjoy the rules discussions, as well as the references to the IJ case studies (they usually have some graphical representations which help immensely)

Is there somewhere to check (or be notified) when new cases/opinons are rendered?

In this type of situation, there are three requirements for a boat to receive redress:
1) A boat's score must be made significantly worse
2) through no fault of her own
3) by an improper action or omission of race committee (or a few other conditions detailed previously).

In Case 140, Q3, there is not doubt that the boat's score was made significantly worse through no fault of her own, but race committee did not make an improper action or omission. RC did nothing wrong, so the boat is not entitled to redress. Exoneration yes -- redress no.

Remember, you don't get redress just because a boat fouls you -- even if it makes your score significantly worse. Is that fair? No, but it is part of the game.

Regards,
Eric

I agree that this is where the rules take you (this is consistent throughout the thread), but I'd like to think there's a better way to resolve this. Obviously, that would require a rule change.