CASE 75

Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact
Rule 18.2(a), Rounding and Passing Marks and Obstructions: Giving Room; Keeping Clear: Overlapped – Basic Rule
Rule 18.2(d), Rounding and Passing Marks and Obstructions: Giving Room; Keeping Clear: Changing Course to Round or Pass
Rule 18.4, Rounding and Passing Marks and Obstructions: Gybing

An outside port-tack boat must keep clear of an inside starboardtack boat under rules 10 and 18.2(a). Having right of way entitles the starboard-tack boat to sail a course of her own choosing, provided that she complies with rule 18.4’s requirement that until she gybes she sail no farther from the mark than needed to sail her proper course.

Summary of the Facts

Two boats, S and P, were sailing directly downwind towards a leeward mark to be left to port. The boats were overlapped with S inside and slightly ahead. As S approached the two-length zone, she luffed to a position approximately a hull length wide of the mark. As her bow came abreast of the mark S bore away to gybe, and there was contact, but no damage. S protested P under rule 10 while P protested S under rule 18.

The protest committee disqualified P and commented: ‘The essential question is whether or not an inside starboard-tack boat may sail wide of the mark to make a tactically desirable rounding. There is no conflict here between rules 10 and 18.2(a). However, until the inside boat gybes, Rule 18.4 limits her course by requiring her to sail no farther from the mark than needed to sail her proper course. There is no question that S gybed in compliance with that rule.’

P appealed, arguing that, because S luffed away from the mark and increased her distance from it, that was conclusive evidence she did not gybe as required by rule 18.4.

Decision

Appeal dismissed.
S was the right-of-way boat under both rules 10 and 18.2(a). Until she gybed, S was required by rule 18.4 to sail no farther from the mark than needed to sail her proper course. The facts show that she complied with this rule.
If S had not luffed after position 1, she would have hit the mark. Therefore, that luff was a necessary change of course to round the mark. Rule 16 did not apply to that change of course (see rule 18.2(d)).
Concerning rule 14, both boats broke the rule because there was contact and it was 'reasonably possible' for each of them to avoid it. P is therefore disqualified under rule 14 as well as rules 10 and 18.2(a). However, S cannot be penalized because there was no damage (see rule 14(b)).

USSA 1976/195