CASE 73

Rule 2, Fair Sailing
Rule 11, On the Same Tack, Overlapped

When, by deliberate action, L’s crew touches W, which action could have no other intention than to cause W to break rule 11, then L breaks rule 2.

Summary of the Facts
W and L were overlapped on starboard tack beating towards the windward mark. The crew of L, who was on a trapeze, deliberately touched W’s deck with a hand and intimated that W should retire. The protest committee disqualified W under rule 11 and she appealed.

Decision
Appeal upheld; L is disqualified and W reinstated. W was bound by rule 11 to keep clear of L. There was no evidence that the boats would have collided had not the crew of L, by deliberate action, touched W’s deck. This action, which could have had no other intention than to disqualify W, broke rule 2.

RYA 1971/6