Question
While sailing under spinnakers, there is contact between Yellow and Blue, and
Blue receives a small hole in her spinnaker. Yellow is at fault, and is penalized.
On a later downwind leg the hole in Blue's spinnaker becomes a major tear. The
spinnaker loses all pressure and Yellow is able to pass Blue. What action is
available?
Answer
(a) The umpires could further penalize Yellow as a penalized boat that has ‘gained
an advantage by breaking a rule after allowing for a penalty’. Although
there has been a delay between the taking of the penalty and the gaining of
the advantage, the umpires may still act under rule C8.3(a), if they are satisfied
that the spinnaker tear is the result of the original rule breach.
(b) The umpires could initiate a post-race hearing under rule C8.4 to investigate
whether rule 14 was broken.
(c) In accordance with rule C6.1(b), Blue can red-flag under rule 14, because
of damage resulting from contact. The protest committee would need to consider
whether the flag was displayed at the first reasonable opportunity after the
tear developed.
(d) Blue could request redress under rule 62.1(b) or redress could be considered
under rule 60.3(b).