CASE 74
Rule 2, Fair Sailing
Rule 11 , On the Same Tack, Overlapped
There is no rule that dictates how the helmsman or crew of
a leeward boat must sit. Contact with a windward boat does
not break rule 2 unless the helmsman’s or crew’s position is
deliberately misused.
Facts
W was overtaking L in sub-planing conditions on a close reach. L luffed
slightly, the helmsman’s back making contact with W just forward of the
shroud. At this point the hulls were about an arm’s length apart. Neither boat
took a penalty. W protested L under rule 2. The protest committee penalized
L under rule 2, stating that W was correctly trimmed with full sails and her
crew sitting by the leeward shroud. ‘Contact’, it continued, ‘could only have
been made if L’s helmsman was sitting out flat. In the prevailing conditions
this was significantly beyond the normal sailing position required.’ L
appealed.
Decision
L’s appeal is upheld; she is reinstated and W disqualified under rule 11. In
Case 73 it is clear that L’s crew deliberately touched W with the intention
of protesting her out of the race. In this case there was no such deliberate
action by L. There is no rule that dictates how a helmsman or crew must sit
and, in the absence of deliberate misuse of his positioning, no breach of rule
2 took place.
GBR 1993/2