Kind of depends on what "its up to that other boat...." means. Is it a "no harm no foul" choice, or is it a "YOU MUST!- no choice about it" type of rule? The Bryan New situation in that trail seemed to be the former, rather than the latter, since only 1 of the 2 witnesses reported him.
BTW- a 90 minute time penalty (which it seems happened) is different than what Swindle had as far as a penalty.