Tomcheney tacks in front of MM, breaks R15.

MM

System Info:MacroMagic was given a pen at t=365 (RE:Tack).    MacroMagic raised the P flag at=366.  


pen: protester
spin: none

I retired from this race

In order for a boat to get exoneration she must either spin a penalty turn or retire at the time of the incident.

Aloha!

That said Okole would it be fair to say that if there is continued discussion and then someone comes to the conclusion they where in the wrong it is acceptable for them to then retire?

W

Wibroe,

In general I agree with you on that, but have a look at this timeline:

T=367 collision
T=368 MM : PROTEST tomcheney
T=377 Tom: what for?
T=382 MM : R15
T=395 Tom: I think you had initial room
T=400 MM : nope
T=418 Tom: PROTEST MacroMagic
T=426 MM : what for?
T=432 Tom: not spinning
T=436 MM : np
T=465 Tom sheets out, stays dead in the water.
T=496 Tom retires.

MM

I too generally agree with you Wibroe.

There is often some room for a boat to have a quick discussion and some time to realise a rule has been broken and then that boat can spin or retire. Some incidents are clear and we would expect a spin or retire ASAP. Others are much more complicated and maybe need a quick discussion.

But a decision should always be made ASAP, and exoneration done very soon after, to be done "at the time of the incident".

I watched the whole race replay in order to see when Tom retires:

1) Tom breaks R15 by tacking too close to MM and not initially giving MM room to keep clear. That is an obvious rule infringement.
2) Tom may not know about R15, but it was clear that MM does by MM's immediate hail of protest and answer to Tom's question of "what for?" with "R15". It is clear that MM was not going to spin.
3) Now if Tom was unsure about the rules breach and wishes to be exonerated, he should then spin (or retire) as soon as it was clear MM was not going to exonerate.
4) It was clear what MM thought at the windward mark and if Tom had sailed well clear at the windward mark and then spun he could then be judged to have exonerated at the time of the incident.
5) But Tom sails 2 further legs of the race, almost to the finish, hails a protest to MM for R44.2, confirming that he thinks he is in the right and does not need to exonerate, and that he thinks MM broke a rule.
6) Tom sails 2 more legs of the race before retiring. This is not "at the time of the incident" even including a quick discussion.

IMHO the decision must be made quickly, and in this incident Tom does not retire at the time of the incident, so his eventual retirement does not exonerate him for his breach of R15.

Aloha!

Preliminary period ends, no aggreement. Protest enters the Protest Room standard procedure.

I'm with okole here.

Decision:

tomcheney breaks R15 does not comply with R44.2 so gets a DSQ and -300 points.

Aloha!