The preamble clarifies which rules apply when and to whom. Note that the “preambles” rank as rules (see definition Rule). If the rules of Part 2 apply to you and you are approaching a vessel that is clearly not in any way a part of a race, e.g. a cruising boat or commercial tug, then you are required (note the word “shall”) to comply with the Inland Navigational Rules (in U.S. waters) or the International Regulations for Preventing Collisions at Sea (outside of a country’s waters) or other applicable government right-of-way rules. If you don’t, you can be penalized under rule 64.1 (Penalties and Exoneration). However, you can only be protested by the race or protest committee under rule 60 (Right to Protest; Right to Request Redress or Rule 69 Action). Note that they cannot protest based on a report from an interested party, e.g. a competitor in the race.

When the Inland Navigational Rules (in U.S. waters) or the International Regulations for Preventing Collisions at Sea (outside of a country’s waters) are to replace the The Racing Rules of Sailing, e.g. when the race will continue after sunset, the sailing instructions must specifically contain the numbers of the applicable INR or IRPCAS and state the time(s) or places(s) they will apply, as well as any night signals to be used by the race committee (Appendix J2.2(3), Notice of Race and Sailing Instructions).

Sailors wishing a complete copy of the INR or IRPCAS should contact the US SAILING office for information on how to get one.

“Is it true that the rules of Part 2 apply between boats that are racing in different races?”

Yes. The rules of Part 2 apply between boats in different races as long as they both fit the description in the preamble of Part 2. Rule 63.8 (Protests between Boats in Different Races) reads, “A protest between boats sailing in different races conducted by different organizing authorities shall be heard by a protest committee acceptable to those authorities.”

Also, notice that when you intend to race, the rules of Part 2 only apply from when you begin to sail in or near the racing area until you have left the racing area; and they only apply between boats intending to race. This distinction may be important in resolving a financial claim after a serious collision when the boats were not actually racing.

“I realize I am technically ‘racing’ after my preparatory signal, but what happens if I accidentally foul a boat before or after I am racing?”

The preamble to Part 2 says, “a boat not racing shall not be penalized for breaking one of these rules, except rule 22.1.” (Rule 22.1, Interfering With Another Boat, says that even if you aren’t racing, you can’t interfere with a boat that is; see discussion of rule 22.1.) Rule 44.1, Taking a Penalty, says, “A boat that may have broken a rule of Part 2 while racing (emphasis added) may take a penalty at the time of the incident.” Therefore, if you break a rule before your preparatory signal, apologize and continue on.

Of course, if there is damage, you and/or the other boat may choose to protest so that the protest committee can find the facts and make a decision as to who was at fault. Though neither one of you can be “penalized” under rule 64.1(a) (Penalties and Exoneration), the facts and decision of the protest committee may be useful in determining who pays for the damage (rule 68, Damages).

Remember, under the definition of racing, you are racing from your preparatory signal until you have finished and cleared the finishing line and finishing marks or retired. So if your preparatory signal is four minutes before your starting signal and you foul someone with three and a half minutes to go, you can be disqualified if you don’t take a penalty. Remember also that you are no longer racing the moment your transom clears the finishing line and finishing marks (US SAILING Appeals 16 and 26 and rule 28.1, Sailing the Course).

Note, however, that if you are not racing and break any other rules, other than those in Parts 2 (When Boats Meet) and 4 (Other Requirements When Racing) and rule 31 (Touching a Mark), you will receive a penalty under rule 64.1(a) (Penalties and Exoneration). For instance, you will be penalized before or after you are racing for breaking the sailing instructions, or for violating the principles in rule 2 (Fair Sailing), or for committing a “gross breach of a rule or of good manners or sportsmanship” under rule 69 (Allegations of Gross Misconduct), or for not complying with the rules of Part 6 (Entry and Qualification) which include rules 75, 78 and 79 which concern eligibility, measurement compliance and advertising. Also note that rule 64.1(c) (Penalties and Exoneration) reads, “If a boat has broken a rule when not racing, her penalty shall apply to the race sailed nearest in time to that of the incident.”

“If five minutes before my preparatory signal I’m near the starting line on starboard tack and despite my best effort to avoid the collision my boat gets holed by a port tacker who is also intending to race, and as a result I can’t sail in the race, do I have any recourse under the rules?”

You sure do. You should protest them under rule 10 (On Opposite Tacks) and request redress under rule 62.1(b) (Redress). Both of you were intending to race and were sailing in the racing area; therefore you were both governed by The Racing Rules of Sailing. The port-tack boat (P) was required to keep clear of you while you were on starboard tack under rule 10. Though P cannot be penalized for breaking this rule as she was not racing at the time, the protest committee is required to hold a hearing, find facts and determine which boat, if either, was at fault (rules 63.1, Hearings; 64.1, Penalties and Exoneration; and 65.1, Informing the Parties and Others). Once P is found to have broken rule 10, the protest committee must turn to your request for redress (rule 63.1); and you should be granted redress as your race score was made significantly worse (you were unable to race!) through no fault of your own due to the physical damage caused by P, a boat that was breaking a rule of Part 2 at the time. Furthermore, the question of financial responsibility for damages may be helped by a finding of facts and fault by the protest committee (see rule 68, Damages).