CASE 13

Rule 11, On the Same Tack, Overlapped
Rule 14, Avoiding Contact
Rule 15, Acquiring Right of Way
Rule 16.1, Changing Course
Before her starting signal, a leeward boat does not break a rule by sailing a course higher than the windward boat’s course.

Summary of the Facts
As the two 14-foot dinghies manoeuvred before the starting signal, they crossed the starting line. While bearing away to return to the pre-start side, L, initially the windward boat, assumed a leeward position by sailing under W’s stern. Immediately after position 4, L luffed to close-hauled and sailed straight for the port end of the line. W meanwhile, with sheets eased, sailed along the line more slowly. At position 5, there was contact, W’s boom touching L’s weather shroud. L protested W under rule 11; W counter-protested under rules 12 and 15.
The protest committee found that L had right of way under rule 11 from the time she assumed a steady course until contact. W had enough room to keep clear, although she would have had to cross the starting line prematurely to do so. Therefore, it dismissed W’s protest and upheld the protest by L. W appealed, this time citing rule 16.1.

Decision
Appeal dismissed. Between positions 2 and 3 L established an overlap to leeward of W, acquiring right of way under rule 11 but limited by rule 15's requirement to initially give room to W to keep clear. L met that requirement because L gave W room to keep clear. Just after position 4, L’s change of course gave W room to keep clear as required by rule 16.1. Therefore L did not break rule 16.1. Thereafter, while L was sailing a close-hauled course, rule 11 applied. However, W failed to keep clear, and accordingly her disqualification under rule 11 is upheld. L broke rule 14 because it would have been easy for her to have borne off slightly and avoided the contact. However, she is not penalized because there was no damage or injury.

RYA 1965/10