Could we include a waiver in the SI's (much like we do for a one turn penalty instead of two for a foul).
"CE certified or USCG approved life jackets are permited." Then you could sleep at night knowing that you didn't face a conundrum
Nope, Rule 40 cannot be modified by the SI (rule 88.2). There is a way around it per rule 88.2.
US Sailing prescribes that sailing instructions shall not change or delete rule 61.4, Appendix R, or its prescriptions to rules 40, 67, 70.5(a) or 76.1. However, for an international event the prescription to rule 40 may be deleted.
"Do or do not. There is no try." - Yoda "Excuses are the tools of the weak and incompetent" - Two sista's I overheard in the hall "You don't have to be a brain surgeon to be a complete idiot, but it helps"