Let’s get away from the 5-minute deduction for a bit, and back to the main topic, which is not using the delay at all.
I have been known to post the following notice at tournaments I’ve directed:
DIRTY POOL
It is DIRTY POOL to furnish a delay-capable clock without the delay set. Such a setting can confuse the opponent into believing there is a delay when there is none, resulting in unnecessary and acrimonious time-forfeit disputes.
If you furnish and use a delay-capable clock without the delay set, any or all of the following may happen to you:
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The TD reserves the right, at any time during the game, to point out to your opponent that the delay is not set.
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The TD reserves the right to allow your opponent, at any time during the game, to substitute any clock, delay-capable or otherwise, furnished by him.
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If you claim a draw on the grounds of insufficient losing chances, the TD may summarily dismiss your claim and subtract time from your clock. If, however, your opponent makes such a claim, he will receive the usual kind, gentle treatment.
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If you claim a win by time forfeit, the TD may dismiss your claim and give your opponent 5 minutes, plus delay time, to finish the game or reach the time control. No such consideration, however, will be given to you, should your opponent claim a win by time forfeit.
Posting the above at the tournament (and making it available as a handout) has proven to be an excellent preventative measure. So far, I’ve never had to use number 3 or number 4 (I’m not even sure I’d dare). The threat can be worse than the execution.
For a while at the Lunt Avenue club, there was a regular player who never turned on Bronstein mode on his Saitek. I would make it a point to notify each of his opponents, before the game, that the delay was not on, and that he (the opponent) therefore had the right to use his own clock.
Bill Smythe