CASE 96        

Rule 30.3 Starting Penalties: Black Flag Rule

When after a general recall a boat learns from seeing her sail number displayed that she has been disqualified by the race committee under rule 30.3 and believes the race committee has made a mistake, her only option is not to start, and then to seek redress. When a boat breaks the rule in the first sentence of rule 30.3, she is not entitled to exoneration because of a procedural error by the race committee that is unrelated to her infringement.

Question 1
When a boat disagrees with her disqualification under rule 30.3 in a recalled start, can she take part in the restart and then request redress?

Answer 1
Rule 30.3 clearly requires her not to sail in the restarted race and states that her disqualification will become non-excludable if she does. Her only remedy is to request redress, which, if given in a series, would normally be based on her results in other races.

Question 2
When the race committee sees a boat breaking rule 30.3 in a start that is recalled, but then fails to display her sail number, so that she competes in the restart, is she then entitled to a finishing place?

Answer 2
No. The boat should be disqualified as required by the second sentence of rule 30.3. However, because the race committee erred by not displaying her sail number between the general recall and the next warning signal for the race, she should be scored DSQ, and not DNE. If she requests redress claiming that she is entitled to a finishing place because the race committee erred by not displaying her sail number, her request should be denied. While not displaying her sail number is an improper omission by the race committee, it is not the omission that deprived her of her finishing place, but the fact that she had been on the course side of the starting line in the minute before her starting signal. However, if she was scored DNE, redress should be granted to the extent of changing her score to DSQ.

RYA 2000/1