Team Race - CALL M 03      

Rule 44.1 Taking a Penalty
Rule D2.2(d) Penalties Initiated by Umpires

Question
Team A, B and C is approaching a port-hand windward mark on starboard tack in a group. X has already rounded the mark, Y is on starboard tack just behind the group, and Z is approaching the mark on port tack level with the group. Z attempts to tack inside the group at the mark, and forces A, B and C to sail above close-hauled and outside her at the mark.
As a result of the incident Y overtakes A, B, C and Z. Z completes a penalty turn. X and Y, now clear in first and second, maintain these places to the finish. What options are open to the other team, and to the umpires, to influence the result of this race?

Answer
Rule 44.1 is not available to boats that gain a significant advantage. Clearly in this case Z’s team gained a significant advantage through breaking rule 18.3(a), so the exoneration under rule 44.1 is invalid, and the other team can protest.
However, no amount of extra turns can change the result of the race. The umpires will therefore act under rule D2.2(d), and report the incident to the protest committee. The protest committee may then increase Z’s points to reverse the on-the-water result.
Signal this intention with a black flag. The action of Z does not need to be deliberate.