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Exoneration for hitting a mark

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Henmch View Drop Down
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    Posted: 18 May 21 at 10:32am
Can someone clarify the rule regarding exoneration for hitting a mark please.
The situation involved5 dinghies approaching a leeward mark in very light wind. All on the same gybe. It would be necessary to gybe around the mark for the next leg.
The inside boat ( which happened to be me) established an overlap on the other boats well before and into the zone and advised the other boats of this! 
At the mark there wasn’t enough room for me and I ended up hitting the mark and having to fend off the next inside boat to prevent damage.
As I clearly wasn’t given enough room would I be exonerated for hitting the mark under rule 43 1 b
Or would I still have to do a penalty turn?
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JimC View Drop Down
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 18 May 21 at 1:17pm
No turn required from you. Trust you didn't forget to hail protest.
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Post Options Post Options   Quote iGRF Quote  Post ReplyReply Direct Link To This Post Posted: 18 May 21 at 2:09pm
It's a doddle that not having to reround the mark turns exoneration, especially in dodgy tide, you just have to bear off and get your nose just enough round it so it scrapes down the side in tide and happily do your spin as you get carried off down tide whilst those in pursuit spit feathers trying to out pace the tide to even round it.

Not entirely the penalty it used to be.
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Post Options Post Options   Quote ClubRacer Quote  Post ReplyReply Direct Link To This Post Posted: 18 May 21 at 7:59pm
Originally posted by iGRF

It's a doddle that not having to reround the mark turns exoneration, especially in dodgy tide, you just have to bear off and get your nose just enough round it so it scrapes down the side in tide and happily do your spin as you get carried off down tide whilst those in pursuit spit feathers trying to out pace the tide to even round it.

Not entirely the penalty it used to be.


Would deliberately breaking a rule and gaining an advantage from it not constitute a breach of rule 2?
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Post Options Post Options   Quote iGRF Quote  Post ReplyReply Direct Link To This Post Posted: 18 May 21 at 8:02pm
Originally posted by ClubRacer



Would deliberately breaking a rule and gaining an advantage from it not constitute a breach of rule 2?


I guess it might if anyone you were racing new what that rule was...
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Post Options Post Options   Quote Sam.Spoons Quote  Post ReplyReply Direct Link To This Post Posted: 18 May 21 at 8:40pm
Is it not a question of going for it and taking the penalty if you get it wrong? I raced Raceboards for many years and the standard of rule observance was dire. It seemed pointless doing turns unless the threat of protest was there as you knew nobody else was going to bother. Now I'm back in dinghies where rule observance is significantly better I do turns without being asked if I know I'm in the wrong but if it's debatable and nobody shouts I'll sail on ('cos that's what everybody else does).
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ClubRacer View Drop Down
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Post Options Post Options   Quote ClubRacer Quote  Post ReplyReply Direct Link To This Post Posted: 18 May 21 at 8:51pm
Originally posted by iGRF

Originally posted by ClubRacer



Would deliberately breaking a rule and gaining an advantage from it not constitute a breach of rule 2?


I guess it might if anyone you were racing new what that rule was...


It would also be really hard for the PC to collect any evidence that it was deliberate and not a "miss-judgement" 


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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 18 May 21 at 9:23pm
Originally posted by iGRF

and happily do your spin as you get carried off down tide whilst those in pursuit spit feathers

44.1 b if the boat ... despite taking a penalty, gained a significant advantage in the race or series by her breach her penalty shall be to retire.

So it doesn't matter whether its a misjudgement or not, a turn isn't good enough if you get an advantage like that, you are required to retire. No need to invoke RRS2.

Edited by JimC - 18 May 21 at 9:27pm
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ClubRacer View Drop Down
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Post Options Post Options   Quote ClubRacer Quote  Post ReplyReply Direct Link To This Post Posted: 18 May 21 at 9:55pm
Interesting considering the theoretical situation. 

If you did misjudge it, how do you not gain an advantage? Deliberately slow down to offset any advantage gained plus the turn?

Of course if they wen't round bragging of doing it deliberately then you could invoke rule 2? But without admission then it is almost always going to be 44.1b?  


The other part would be interpreting it as significant. Where do you draw the line? 1 boat length gained or 10? Nothing I can see in the case book refers to the ambiguity in this regard either 


Edited by ClubRacer - 18 May 21 at 10:03pm
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Post Options Post Options   Quote ClubRacer Quote  Post ReplyReply Direct Link To This Post Posted: 18 May 21 at 10:14pm
• In the last race of a series, in very strong adverse current, Roger and Carla are nearly even as they approach the final windward mark. Both are barely able to make positive progress over the ground against the current, and both are barely fetching the mark. Roger manages to round the mark without tacking but, as he rounds, he hits it and it rolls down his leeward side. He takes a One-Turn Penalty while being swept towards the next mark by the current. Carla tacks twice to avoid touching the mark. After she finally rounds, Roger is well ahead of her and he goes on to win the series by one point over Carla.

taken from 
sailingworld.com/how-to/situations-when-judgment-required/

The article even addresses the issue of lack of cases/appeals around the "significant advantage" aspect. 

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