CALL MR 39          

Rule 11 On the Same Tack, Overlapped
Rule 16.1 Changing Course
Rule C7.2 All Penalties
Rule C7.3(d) Penalty Limitations
Rule C8.3 Penalties Initiated By Umpires

Question 1
Yellow and Blue are sailing downwind with Blue overlapped to windward of Yellow. Rule 17 does not apply. Yellow luffs slowly and Blue responds, but Blue’s response is not enough for her to keep clear. There is contact between Blue’s spinnaker and Yellow’s rigging. Blue is blocking Yellow’s wind and she overtakes Yellow. There is a Y flag. What should the call be?

Answer 1
If Blue could have kept clear but either responded too slowly or not enough, then Blue has broken rule 11. Penalize Blue.
If in addition the umpires are satisfied that Blue has broken a rule deliberately or has gained an advantage by breaking the rule after allowing for a penalty, they would give Blue a second penalty under rule C8.3. If the umpires were not satisfied that either of these conditions existed, but are satisfied that Blue gained a controlling position because of the breach, the umpires would give Blue a red flag penalty under rule C8.3. See CALL MR 31.

Question 2
Would the answer be different if the Yellow had an outstanding penalty?

Answer 2
No. However, if Blue was given a red flag penalty under rule C8.3, this would not offset Yellow’s outstanding penalty (C7.3(e)). Blue would have to take her penalty as soon as reasonably possible and Yellow would still have an outstanding penalty.

Question 3
Would the answer be different if the boats are getting closer to the finishing line and Yellow has an outstanding penalty?

Answer 3
No. However, in this situation it is more likely that the conditions for a double penalty are met.
If a double penalty has been signalled to Blue, the first penalty will offset Yellow’s penalty (C.7.2(e)). Blue will not be recorded as finishing until she completes her second penalty and then finishes (C7.2(d)).