CASE 63

Rule 18.2, Passing Marks and Obstructions: Giving Room; Keeping Clear

At a mark, when room is made available to a boat that has no right to it, she may, at her own risk, take advantage of the room so given.

Summary of the Facts
Two boats, A and B, broad reaching and about to round the leeward mark, were overlapped with B outside. C was further astern. A passed the mark about one hull length to leeward, as did B, leaving ample room for C to round the mark inside them. B, because of her position outside A, was unable to deny room to C, and at no time during the incident sailed a course that would have resulted in a collision with her. No collision occurred.

B’s protest against C was dismissed because C did not break any rule when she sailed between B and the mark and she did not cause B to take avoiding action or prevent her from luffing. B appealed on the grounds that C’s action prevented her from executing her intended manoeuvre, which had been to slow down by bearing away and then to harden up across A’s transom, thereby denying room to C to pass inside.

Decision
Appeal dismissed. As C and B were not overlapped at two hull lengths from the mark, B was not obliged to allow C room to round it. However, B, because she could not prevent it, allowed room and the protest committee found that she was not in a position to do otherwise. C broke no rule, nor did B suffer any disadvantage from C’s rounding of the mark.

When a boat voluntarily or unintentionally makes room available to another that has no rights to such room, the other boat may take advantage, at her own risk, of the room.

RYA 1984/1