PART 3
And now, if a boat is found to have caused injury or serious damage in an avoidable collision, breaking rule 14, Avoiding Contact, the fact that the race was recalled or abandoned after the incident will not nullify her disqualification if the race is restarted or resailed. However, if she is penalized under rule 14 for damage that was not serious, her penalty goes away. If on the other hand she retired as required by rule 44.1(b) for causing serious damage, that retirement will apply to the restarted or resailed race.
The wording of the rule is unhelpful. It would be clearer if it referred to a general recall rather than a restart, and to an abandonment rather than a resail. Most importantly, it makes no reference to postponements. It is generally believed that a postponement will have the same effect, namely that no penalisation is possible for infringements occurring between the preparatory signal and the AP signal – but this is nowhere written, not is there any appeal case. The reasons I have been offered for this omission are contradictory – either that it is too obvious to need saying, or that it can be inferred from an intricate interpretation of other rules. When a starting-line problem is building up, race officers will often choose to fire off an AP just before the starting signal rather than a general recall a second or so later, and the fact that a starting signal would have be made in one situation but not in the other does not seem to be a good reason for treating previous rule infringements differently – so postponement should be treated in the same way as abandonment or a general recall. The fact is that, at the starting signal, the race has been going for four minutes, at which point there happens to be a requirement to be behind a line, and a few extra rules come into force1
.
An unsuccessful World Sailing case submission already referred to in the context of rule 30 addressed rule 36 as well. I believe that it is correct. Here are the questions and answers from it that pertain to rule 36.
Question
What is ‘the original race’, as referred to in rule 36? Answer
‘The original race’ is the race that is to be restarted, resailed or rescheduled. The term is used only in rule 36. Question
What is a ‘restarted race’, as referred to in rules 30.2, 30.3, 30.4 and 36? Answer
A ‘restarted race’ is a race • for which a warning signal was made, • which was then either postponed before the starting signal or subject to a general recall after the starting signal, and • for which a fresh starting sequence under rule 26 is begun.
Question
What is a ‘resailed race’, as referred to in rules 30.2, 30.3, 30.4 and 36? Answer
A ‘resailed race’ is a race • for which a warning signal was made, • which was then abandoned, either before or after the starting signal, and • for which a fresh starting sequence under rule 26 is begun.
1 When rule 42, Propulsion is being policed by the ‘yellow flag’ procedure on the water, Appendix P will apply, and rule P3 is more clearly worded, to put abandonment, postponement and a general recall explicitly on the same footing as concerns the non-carrying forward of penalties, using those actual terms to say so.
150 RYA The Racing Rules Explained
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