After checking with the international committee, and referral to our local international judge, the following decision has been made:
There is no breach of any rule – including 42, 47.2, 49.1, 49.2, and the definition of finishing – as follows:
§ There is no breach of rule 42 unless, of course, the person in the water is kicking his legs to propel the boat.
§ There is no breach of rule 47.2 when the person who fell overboard is making a reasonable attempt to get back on board – as opposed to swimming away or making no attempt to get on board. There is also no definition of what constitutes ‘back on board’ and a person hanging on to the boat is, arguably, back on board within the meaning of the rule. The rule is intended to prevent someone (a crew member) from leaving the boat and swimming away / going ashore / getting on to another boat / etc. In those circumstances, the rule is breached if leaving was deliberate and, if not, the crew member must be back on board before the boat continues in the race.
§ There is no breach of rule 49.1 as the pulpit is not a device designed to position a competitor’s body outboard.
§ Rule 49.2 does not apply to someone who has fallen overboard. In this situation, the person overboard is not ‘positioning’ himself outside the lifelines in the context of the rule. For what it’s worth, there is no difference between a wire lifeline and a stainless steel tube pushpit as far as the restriction on positioning a crew member outside them is concerned.
§ The definition of finishing reference to ‘in normal position’ refers to equipment and not the crew.
Therefore NO rules were broken – just a crew member!