CASE 23

Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact
Rule 18, Passing Marks and Obstructions
Definitions, Obstruction

On a run, rule 18 does not apply to a starboard-tack boat overtaking two port-tack boats ahead of her. Rule 10 requires both port-tack boats to keep clear.

Summary of the Facts
Three boats, one on starboard tack and two on port, were running. S overtook PL and PW and intervened between them as shown in the diagram. The three boats continued on slightly converging courses, as shown, until S touched first PW and then PL. PW protested S, alleging that she had broken rule 18.5 because PL as leeward boat constituted an obstruction to PW as windward boat, and S had no right to come between them. The protest committee disqualified both PL and PW under rule 10, and PW appealed.

Decision
While the boats sailed from position 1 to position 4, rule 10 required both PW and PL to keep clear of S and rule 18 did not apply because during that time there was no obstruction that any two of the boats were about to pass or were passing on the same side. The last sentence of the definition Obstruction means that PW was not an obstruction to either S or PL because neither of them was required to keep clear of PW. Similarly, PL was not an obstruction to either S or PW because S was not required to keep clear of PL. Because both PL and PW were required by rule 10 to keep clear of S, the sentence in the definition means that S was an obstruction to both PL and PW. However, rule 18 did not apply because at no time were both PL and PW about to pass or passing S on the same side.

There was contact between S and PW and between S and PL. However, because S became trapped between PW and PL as their courses converged, it was not ‘reasonably possible’ for S, acting after it became clear that PW and PL were not keeping clear to avoid contact. Therefore, S did not break rule 14.

Under rule 10, S held right of way over both port-tack boats, PL and PW, neither of which kept clear of her. The protest committee’s decision to disqualify both boats under rule 10 is upheld and the appeal is dismissed.

RYA 1970/1