CASE 11          

Rule 14, Avoiding Contact
Rule 19.2(b), Room to Pass an Obstruction: Giving Room at an Obstruction
Rule 20.1, Room to Tack at an Obstruction: Hailing and Responding
Rule 20.3, Room to Tack at an Obstruction: When Not to Hail
Rule 64.1(c), Decisions: Penalties and Exoneration

When boats are overlapped at an obstruction, including an obstruction that is a right-of-way boat, the outside boat must give the inside boat room to pass between her and the obstruction.

Summary of the Facts
PW and PL, close-hauled on port tack and overlapped, approached S on the windward leg. PL could pass safely astern of S. PW, on a collision course with S, hailed PL for room to pass astern of S when PW and PL were about three hull lengths from S. PL ignored the hail and maintained her course. When PW bore away to avoid S, she and PL had slight beam- to-beam contact. PW protested under rule 19.2(b).
The protest committee held that rule 19.2(b) did not apply, stating that PW could easily have tacked into the open water to windward to keep clear, and should have done so. PW was disqualified under rule 20.1 and appealed.

Decision
S was an obstruction that PW and PL were about to pass on the same side. Therefore, rule 19 applied. Under rule 19.2(b) PW was entitled to room to pass between PL and the stern of S. PL did not give PW that room, so PL broke rule 19.2(b). PL was subject to rule 14, but since she held right of way over PW and there was no damage or injury, she cannot be penalized for breaking that rule.
PW could not have known that PL was not going to give sufficient room until she was committed to pass between S and PL. PW broke rule 11, but she was compelled to do so by PL’s failure to give room as required by rule 19.2(b). Therefore, as required by rule 64.1(c), PW is exonerated from breaking rule 11. Also, when it became clear that PL was not giving room, it was not reasonably possible for PW to avoid the contact that occurred, so PW did not break rule 14.
PW was not required to “tack into open water to windward to keep clear” because PL did not hail under rule 20.1 for room to tack and avoid S. Rule 20.3 prohibited PL from doing so because she did not have to make any change of course to avoid S.
PW’s appeal is upheld. The decision of the protest committee disqualifying PW is reversed. PW is reinstated, and PL is disqualified.

RYA 1964/18