CASE 123
Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact
When it would be clear to a competent, but not expert, sailor
at the helm of a starboard-tack boat that there is substantial
risk of contact with a port-tack boat, the starboard-tack boat
breaks rule 14 if contact occurs and there was still time for
her to change course sufficiently to avoid the contact.
Facts for Question 1
In a fleet race with 10 knots wind, two one-design dinghies, each 5 metres
in length, are approaching each other on close-hauled courses. S is on
starboard tack and P is on port tack. Both boats hold their course and speed.
There is contact between S’s bow and P’s starboard quarter, about 20
centimetres from P’s stern, causing damage. Neither boat takes a penalty. S
protests P.
Question 1
How do the rules apply to this incident? In particular, did S break rule 14?
Answer 1
In this situation P judged incorrectly that she would cross ahead of S without
breaking rule 10. P could have tacked to leeward of S and thereby kept clear
of S and avoided the contact. Because P failed to do so, she broke both rule
10 and rule 14 and is disqualified.
Rule 14 requires a boat, including a right-of-way boat, to avoid contact if
reasonably possible. However, rule 14 also states that a right-of-way boat
need not act to avoid contact until it is ‘clear’ that the other boat is not
keeping clear. In the conditions described, when P’s bow crossed in front of
S’s bow it would be clear to a competent, but not expert, sailor at the helm
of S that there was substantial risk of contact and therefore that P was not
keeping clear. At that moment there was still time for S to bear away
sufficiently to avoid the contact, and therefore S broke rule 14. Because the
contact caused damage, S is not exonerated by rule 43.1(c); she is
disqualified.
Facts for Question 2
The facts are the same as those for Question 1, except that just before the
contact occurs S bears away slightly in an attempt to avoid P. However S
misjudges the manoeuvre and there is contact that causes damage.
Question 2
Did S break rule 14?
Answer 2
As noted in Answer 1, at the time it became clear that P was not keeping
clear, there was still time for S to bear away sufficiently to avoid the contact.
Therefore, it was reasonably possible for S to have done so. She failed either
to bear away sufficiently or to begin to bear away early enough, but that
does not mean that it was not reasonably possible for her to have avoided
the contact. Therefore, S broke rule 14 despite having borne away slightly
before the contact occurred. Because the contact caused damage, S is not
exonerated by rule 43.1(c); she is disqualified.
World Sailing 2013