CASE 07
Rule 11, On the Same Tack, Overlapped
Rule 14, Avoiding Contact
Rule 15, Acquiring Right of Way
Rule 16.1, Changing Course
Rule 17.1, On the Same Tack; Proper Course
Rule 43.1(c), Exoneration
When, after having been clear astern, a boat becomes
overlapped to leeward within two of her hull lengths of the
other boat, the windward boat must keep clear, but the
leeward boat must initially give the windward boat room to
keep clear and must not sail above her proper course. The
proper course of the windward boat is not relevant.
Facts
Boats L and W were dinghies, 15 feet (5 m) in length. About 200 yards (200
m) from the mark, L became overlapped to leeward of W from clear astern.
L was less than two of her hull lengths from W. The two boats then sailed
alongside each other, about one-and-a-half hull lengths apart, until they
were 80 yards (80 m) from the mark. At this point, L luffed slightly to sail
directly to the mark, a luff that did not affect W. W maintained a steady
course. L never became clear ahead. W’s boom touched L’s shroud, without
damage or injury, and L protested under rule 11. L’s protest was dismissed,
and she was disqualified on the grounds that she had not allowed W enough
room to fulfil her obligation to keep clear as required by rule 15. L appealed.
(Note: Diagram is not to scale. Distances shown are approximate
distances from the next mark. At the time of contact, neither boat
had reached the zone around the mark.)
Decision
L’s appeal is upheld. From the moment L became overlapped to leeward of
W, rule 11 required W to keep clear of L. At that moment, L was required
by rule 15 to give W room to keep clear, but that obligation was not a
continuing one, and, at the time of the contact, the overlap had been in
existence for a considerable period during which W certainly had room to
keep clear.
Rule 17 applied to L because, as the diagram shows, she had been clear
astern before the boats became overlapped and was within two of her hull
lengths of W when the overlap began. L was justified in changing course to
sail directly to the mark, provided that she did not sail above her proper
course. It is L’s proper course that is the criterion for deciding whether she
broke rule 17; W’s proper course is not relevant. According to the agreed
diagram, L at no time sailed above her proper course. Therefore L did not
break rule 17.
Just after position 3 L luffed slightly. Clearly there was room for W to keep
clear, and so L did not break rule 16.1. L broke rule 14 because she could
have avoided contact with W, but she was exonerated by rule 43.1(c)
because there was no damage or injury.
W broke rule 11 because she failed to keep clear of L. W could have avoided
contact and so she also broke rule 14; and, as she was not sailing within the
room to which she was entitled under rule 16.1, she was not exonerated by
rule 43.1(c).
W is disqualified under rules 11 and 14, and L is reinstated.
GBR 1963/10