28.1 A coded vessel chartered or operated commercially,
for the purpose of racing need not comply with the provisions of the
Code whilst racing, or whilst in passage directly to or from a race,
provided that the vessel complies with the following: -
-
.1 It complies with the racing rule provisions
of either the International Sailing Federation (ISAF) or the Union
Internationale Motonautique (UIM).
-
.2 It complies with the racing rule provisions
of the affiliated Member National Authority, of either the ISAF or
UIM, in the country where the race takes place.
-
.3 It complies with the safety rule provisions
of the race Organising Authority affiliated to the Member National
Authority and thereby recognised by the ISAF or UIM to organise races
in the country where the race takes place.
-
.4 If it is a yacht racing offshore, it complies
with the appropriate parts of the ISAF Offshore Racing Committee's
special regulations or the similar requirements of the affiliated
race Organising Authority.
-
.5 When on charter and in passage in any Area
Category to and from the race, the race or equivalent safety cover
shall be in force, or the vessel is to be in its coded condition for
the passage.
28.2 A non-Coded vessel may be chartered or operated
commercially for the purpose of racing, or whilst in passage directly
to or from a race, provided that it is registered and licensed by
an ISAF or UIM affiliated Member National Authority as a vessel chartered
or operated commercially for the exclusive purpose of racing and provided
the vessel also complies with the provisions of 28.1.1 to 28.1.5.
The ISAF or UIM affiliated Member National Authority shall only
register and licence such a vessel for World, Continental, National,
Open or other similar status race events and shall advise the MCA
accordingly. Non-coded vessels shall not be chartered nor used commercially
for any other purpose than racing, as defined in 28.1.
28.3 The relief from compliance with the provisions
of the Code which is permitted by Section 28.1 and 28.2, does not
apply to a vessel taking part in an event created and organised with
the intent to avoid the provisions of the Code.
Note
1. Only clubs recognised by an ISAF Member National
Authority (MNA) may use the ISAF racing rules. In the UK this means
a club affiliated as a club to the RYA. (This does not include RYA
recognised teaching establishments).
Note
2. The UIM racing rules require all racing drivers
to have been licensed by a UIM MNA. In the UK, the RYA issues such
licences, which require pre medical examinations and minimum levels
of past experience.
Note
3. All legitimate races are required, by the
ISAF or UIM rules, to have been "pre-advertised" by means of a Notice
of Race and be controlled by Sailing or Race Instructions. The minimum
provisions for these are set out in the ISAF and UIM racing rules.
Note
4. The exemption related in Section 28.2 above
is intended to facilitate situations where, for example, an overseas
team, unable to transport their own boat to an event because of distance,
may charter a local, non coded, boat to enable them to compete.