CASE 26

Rule 14, Avoiding Contact
Rule 16.1, Changing Course
Rule 16.2, Changing Course
Rule 18.1, Passing Marks and Obstructions: When this Rule Applies

When a right-of-way boat could have, but did not, avoid a collision that resulted in damage, she must be penalized under rule 14.

Summary of the Facts
A Soling, S, and a 505, P, in separate races, approached the same mark on opposite tacks. Unknown to P, which was lowering her spinnaker and hardening up to leave the mark to port, S was required to leave it to starboard. P heard no hail and was unaware of S’s presence until the boats were in the positions shown in the diagram, at which time P’s crew saw S. He shouted a warning and leaped out of the way just as S’s bow struck P’s hull behind the mast, causing damage. P protested S under rule 14 on the grounds that S could have avoided the collision. S and two witnesses testified that S did not at any time change her course before the collision. S, protesting under rule 10, claimed that if she had changed course she would have broken rule 16. The protest committee disqualified P under rules 10 and 14. P appealed.

Decision
Appeal dismissed. P as a the keep-clear boat failed to keep a lookout and to observe her primary duties to keep clear and avoid contact. She was correctly disqualified under rules 10 and 14. The main purpose of the rules of Part 2 is to avoid contact between boats. All boats, whether or not holding right of way, should keep a lookout at all times.
Rule 18 did not apply because S and P were not about to round the mark on the same side. S was about to leave it on her starboard side and P on her port side. When it was clear that P was not keeping clear, S was required by rule 14 to avoid contact with P if it was reasonably possible. Before the positions shown in the diagram, S could have changed course and tried to avoid P.
Such action would have constituted an attempt to avoid contact 'if reasonably possible' as required by rule 14. A change of course by S to avoid P would have given P more room to keep clear and would not have broken rule 16.1. Rule 16.2 did not apply because during the time S would have been changing course P was not keeping clear, a condition for rule 16.2 being applicable. S did not try to avoid the collision and damage resulted, so she is disqualified under rule 14.
RYA 1971/4