RESTRICTIONS ON USED SAILS AND REPLACEMENT OF DESTROYED SAILS (2002-12-19)
|Q1:||What are the restrictions on the purchase of “used” sails? May “used” sails be replaced with “new” sails if they are destroyed?|
|A1:||The first two sentences of rule 6.8 provide: “For purposes of class racing, sail purchases shall not exceed (a) two sails in any calendar year, plus (b) one additional sail during any period of two consecutive calendar years. In addition, during the calendar year in which a new boat is first used (“year one”), one used mainsail, one used jib and one used spinnaker (“used” defined as at least 6 months of sailing use) may be purchased.”
The second sentence of rule 6.8 permits the purchase of a “used” suit of class sails for a new boat. However, it does not permit a purchaser of a used boat to purchase additional “used” sails that don’t come with the boat. Further, this sentence does not permit the purchase of additional used sails in subsequent years (see below, however). The intention of the rule is to level the playing field between buyers of factory new boats and owners who have owned the boat for at least a year or purchase a used boat and therefore own some sails from prior seasons.
What is meant by “6 months of sailing use”? In the view of the TC, this language is a proxy for a full season of racing use as the primary class sails of the selling owner. Thus, six months of use of sails for demonstration or testing purposes by a sail loft or dealer ordinarily does not qualify. Also, the owner’s use of the sails is less than what would occur under ordinary circumstances in a full racing season, the sails will not qualify as “used.” For example, less than six weekends (12 days) of racing use would typically not qualify.
The third sentence of rule 6.8 permits the replacement of a sail if is “destroyed” or “so substantially damaged that it cannot reasonably be repaired” (subject to certain conditions). This sentence is intended to apply to “new” sails that are purchased as part of the normal 2/3/2 sequence under the first sentence of rule 6.8. It is not intended to permit the replacement with a new sail of a used sail that was purchased pursuant to the second sentence of rule 6.8 or was purchased together with a used boat. However, this sentence would permit the purchase of a “used” sail to replace a “used” sail that is destroyed or cannot be repaired in subsequent years.