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Gary Gardina
 
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Default RRS 88.3 (b) & Restricted Line DSQ v DNE

Dennis Bartley wrote:

I hardly think that's a rule 2 violation, any more that a port tacking
someone is a violation of rule 2. I can find no appeal or case that adresses
the subject.


Port tacking seems to be well addressed in Part 2 Section A – Right of
Way and Section B – General Limitations, and also seems to be addressed
in Section A. Plus the penalties for this type of infraction seems to
be defined in 44 PENALTIES FOR BREAKING RULES OF PART 2, and for other
simiar infractions in 31.2, 44.3, etc.

However, failing to sail the course might be more applicable in this
case. I guess that my question regarding rule 2 and the restricted line
is more related to failing to sail the course a proper manner and at the
same time doing so in a manner that clearly gives the violating boat an
unfair advantage.


Technically, I don't believe the r/c can unilaterally DSQ the boat without a
hearing.



Good point. I think that you are correct here. The Appendix A Guidance
states:

"5. Race committees are reminded that, in the absence of a SI to the
contrary, they must give a finishing position to any
boat that starts and finishes as defined. If the RC believes that a boat
has not sailed the required course they must
protest her (under the last sentence of rule A5 they cannot disqualify
her without a hearing nor score her DNF)."