CASE 11

Rule 14, Avoiding Contact
Rule 18.2(a), Rounding and Passing Marks and Obstructions: Giving Room; Keeping Clear: Overlapped – Basic Rule
Rule 19.1, Room to Tack at an Obstruction

When an obstruction is a right-of-way boat about to be passed on the same side by two overlapped boats, the outside boat must give the inside boat room to pass.

Summary of the Facts
PW and PL, close-hauled on port tack and overlapped, approached S on the windward leg. PL could pass safely astern of S. PW, on a collision course with S, hailed PL for room when they were about three hull lengths from S. PL ignored the hail and maintained her course. When PW bore away to avoid S, she and PL had slight beam-to-beam contact. PW protested under rule 18.2(a).
The protest committee held that rule 18.2(a) did not apply. PW could easily have tacked into the open water to windward to keep clear, and she should have done so. PW was disqualified under rule 19.1 and appealed.

Decision
S was an obstruction that PW and PL were about to pass on the same side. Hence, rule 18 applied. Under rule 18.2(a) PW was entitled to room to pass between PL and the stern of S. PL did not give PW sufficient room, and so PL broke rule 18.2(a). PL was subject to rule 14, but since she held right of way over PW and there was no damage, she cannot be penalized if she broke that rule. Rule 19.1 did not apply because PL did not have to make any change of course to clear S.
PW could not have known that PL was not going to give sufficient room until she was committed to pass between S and PL. Hence it was not reasonably possible for PW to avoid the contact that occurred, and so PW did not break rule 14. Appeal upheld.
The decision of the protest committee disqualifying PW is reversed. PW is reinstated, and PL is disqualified.

RYA 1964/18