On a run, rule 19 does not apply to a starboard-tack boat that passes between
two port-tack boats ahead of her. Rule 10 requires both port-tack boats to keep
clear.
Summary of the Facts
Three boats, one on starboard tack and two on port, were running. S overtook
PL and PW and passed between them as shown in the diagram. The three boats
continued on slightly converging courses, as shown, until S touched first
PW and then PL. PW protested S, alleging that she had broken rule 19.2(c)
because PL as leeward boat constituted an obstruction to PW as windward
boat, and S had no right to come between them. The protest committee disqualified
both PL and PW under rule 10, and PW appealed.
Decision
While the boats sailed from position 1 to position 4, rule 10 required
both PW and PL to keep clear of S. Because all three boats were sailing
more than 90 degrees from the true wind, S and PL were overlapped from
position 1 to position 4, and S and PW were overlapped from shortly after
position 2 to position 4 (see the definition Clear Astern and Clear Ahead;
Overlap). Rule 19 did not apply because during that time there was no
obstruction that any two of the boats passed on the same side. The penultimate
sentence of the definition Obstruction means that PW was not an obstruction
to either S or PL because neither of them was required to keep clear of
PW. Similarly, PL was not an obstruction to either S or PW because S was
not required to keep clear of PL. Because both PL and PW were required
by rule 10 to keep clear of S, the penultimate sentence of the definition
means that S was an obstruction to both PL and PW. However, rule 19 did
not apply because at no time did both PL and PW pass S on the same side.
Also, rule 19.2(c), which was cited by PW in her protest, applies only
while boats are passing a continuing obstruction, and, as the last sentence
of the definition Obstruction implies, a boat racing that is under way
is never a continuing obstruction.
There was contact between S and PW and between S and PL. However, because
S became trapped between PW and PL as their courses converged, it was
not ‘reasonably possible’ for S to avoid contact after it
became clear that PW and PL were not keeping clear. Therefore, S did not
break rule 14. Under rule 10, S held right of way over both port-tack
boats, PL and PW, neither of which kept clear of her. The protest committee’s
decision to disqualify both boats under rule 10 is upheld and PW’s
appeal is dismissed.