CASE 70

Rule 11, On the Same Tack, Overlapped
Part 2, Section C Preamble
Rule 18, Rounding and Passing Marks and Obstructions
Definitions, Room

A boat entitled to room under rule 18 is relieved of her obligations under rule 11 only to the extent that rule 18 explicitly provides rights in conflict with rule 11 and only when room as defined is being denied her.

Summary of the Facts
L and W, both about 14 feet (4m) long, were sailing on starboard tack at about 4 knots, approaching a windward mark to be passed to starboard. W was slightly ahead. W requested room and L replied: ‘Room will be given when needed’. Subsequently, when 20 feet (6m) from the mark the boats made contact beam to beam. Neither boat was damaged.

The protest committee disqualified L for her failure to give room as required stating that L ‘had the option of giving room and protesting if necessary’. L appealed on the grounds that the protest committee erred in believing that rule 18 rendered rule 11 completely inapplicable and that W was entitled to whatever room she desired, rather than room as defined.

Decision
The facts stated by the protest committee do not include a finding that W or L changed course, or that W had, or would have, insufficient room as defined, to manoeuvre promptly in a seamanlike way in the existing conditions, to pass between L and the mark or to tack around it. To the contrary, the diagram accepted by the committee showed both L and W on courses leading them to leeward of the mark with adequate room for W to round it.

The relationship between rules 11 and 18.2(a) is specified by the preamble to Section C of Part 2, of which rule 18 is part. In this incident there was no conflict between rules 11 and 18. Therefore, rule 11 did not cease to apply; it continued to obligate W to keep clear of L unless she was prevented from doing so by L’s failure to give her sufficient room. Rule 18 applied, because the boats were ‘about to pass’ the mark, and rule 18.2(a) gave W the right to the room she needed to pass it. However, the fact was that W already had this room before and at the time of contact. The boats were within the two-length zone, but this did not give W any additional rights. She therefore broke rule 11 by failing to keep clear of L.

L could easily have avoided making contact with W, and so L broke rule 14. However, she is not penalized for doing so because neither boat was damaged.

L’s appeal is upheld; L is reinstated in her finishing position and W is disqualified.

USSA 1988/273