CASE 25

Rule 11, On the Same Tack, Overlapped
Rule 14, Avoiding Contact
Rule 16, Changing Course
Rule 18.2(a), Passing Marks and Obstructions: Giving Room; Keeping Clear

When overlapped boats have passed a mark, an inside windward boat is no longer entitled to room and only rule 11 applies.

Summary of the Facts
Two 15-foot dinghies, IW and OL, were approaching a leeward port-hand mark. IW established an inside overlap on OL in proper time, and OL gave IW ample room to pass the mark. OL held her course for about a full hull length past the mark before beginning to round up for the next leg. IW was slower in heading up, and her boom, still well out, hit OL’s helmsman and shrouds. No damage occurred. IW protested OL under rule 18.2(a), and OL counter-protested IW under rule 11. The protest committee found as a fact that IW did not try to round the mark onto a proper course to the next mark as soon as she had room to do so. IW did not deny this but attributed it to her boom-end mainsheet rig as compared to the centre-lead rig used by OL.
The protest committee dismissed IW’s protest, upheld OL’s, and disqualified IW. IW appealed.

Decision
OL could easily have avoided contact with IW, and so OL broke rule 14. However, she is not penalized for doing so because neither boat was
damaged, nor was there any injury.
On the facts found, it is evident that when OL luffed at position 3 both boats had passed the mark. OL had given IW room to pass the mark, and IW was not prevented from keeping clear of OL because of proximity to it. Rule 18.2(a) no longer applied when the contact occurred. When OL luffed after passing the mark, there was room for IW to manoeuvre to keep clear, and so OL did not break rule 16.1. The protest committee properly applied rule 11, its decision is upheld and IW’s appeal is dismissed.

CYA 1971/9