Case 108

Rules
Definitions, Sail the Course
Rule 28.1, Sailing the Race
Rule 31, Touching a Mark
Rule 44.1(b), Penalties at the Time of an Incident: Taking a Penalty
Rule 44.2 , One-Turn and Two-turn Penalties

Summary:
When taking a penalty after touching a mark, a boat need not complete a full 360° turn, and she may take her penalty while simultaneously rounding the mark. Her turn to round the mark will serve as her penalty if it includes a tack and a gybe, if it is carried out promptly after she is no longer touching the mark and is well clear of other boats, and when no question of advantage arises.

Facts:
In each of the four illustrated situations, a boat touches a rounding mark that she is required to leave to port and then makes a turn that includes one tack and one gybe.

Question:
In each situation, does the boat take a One-Turn Penalty that complies with rule 44 and with rule 28.1?

Answer:
When a boat breaks rule 31, her penalty is usually a One-Turn Penalty. However, if, by touching the mark, she causes injury or serious damage or gains a significant advantage in the race or series, her penalty is to retire (see rule 44.1(b)). In each illustrated situation she takes a One-Turn Penalty that complies with rule 44.2, provided that as soon as possible, and before beginning her penalty turn, she sails well clear of any other boats; when she begins her penalty turn she is no longer touching the mark; and she makes her penalty turn promptly after she is clear of other boats. Rule 44.2 does not require a boat that takes a One-Turn Penalty to complete a full 360° turn, or a turn of any particular number of degrees, and it does not prohibit taking the penalty while making another manoeuvre, such as rounding the mark. All four illustrated turns comply with rule 28.1. Provided that the string representing the boat’s track when drawn taut lies on the mark’s required side, the boat would comply with rule 28.1 even if (as not illustrated) a penalty turn resulted in the boat making an extra 360° turn around the mark.

Answer:

When a boat breaks rule 31, her penalty is usually a One-Turn Penalty. However, if, by touching the mark, she causes injury or serious damage or gains a significant advantage in the race or series, her penalty is to retire (see rule 44.1(b)).

In each illustrated situation she takes a One-Turn Penalty that complies with rule 44.2, provided that

as soon as possible, and before beginning her penalty turn, she sails well clear of any other boats;
when she begins her penalty turn she is no longer touching the mark; and
she makes her penalty turn promptly after she is clear of other boats.

Rule 44.2 does not require a boat that takes a One-Turn Penalty to complete a full 360° turn, or a turn of any particular number of degrees, and it does not prohibit taking the penalty while making another manoeuvre, such as rounding the mark.

All four illustrated turns comply with rule 28.1. Provided that the string representing the boat’s track when drawn taut lies on the mark’s required side, the boat would comply with rule 28.1 even if (as not illustrated) a penalty turn resulted in the boat making an extra 360° turn around the mark.