CASE 27          

Rule 2, Fair Sailing
Rule 14, Avoiding Contact
Rule 15, Acquiring Right of Way

A boat is not required to anticipate that another boat will break a rule. When a boat acquires right of way as a result of her own actions, the other boat is entitled to room to keep clear.

Summary of the Facts
AS was clear ahead of BP when she reached the zone. Between position 1 and 2, AS, a hull length to leeward and a hull length ahead of BP, tacked as soon as she reached the starboard-tack lay line. Almost immediately she was hit and damaged by BP travelling at about ten knots. The protest committee disqualified AS for breaking rule 15. It also disqualified BP under rule 2, pointing out that she knew AS was going to tack but did nothing to avoid a collision. BP appealed, asserting that she was not obligated to anticipate an illegal tack.

Decision
BP’s appeal is upheld. She is to be reinstated. After AS reached the zone, BP was required to keep clear of AS and give her mark-room under rule 18.2(b). Both these obligations ended when AS passed head to wind because the boats were then on opposite tacks and on a beat to windward. When AS passed through head to wind, BP became the right-of-way boat under rule 13 and held right of way until AS assumed a close-hauled course on starboard tack. At that moment AS, having just acquired right of way under rule 10, was required by rule 15 to give BP room to keep clear. BP took no action to avoid a collision, but what could she have done? Given her speed and the distance involved, she had perhaps one to two seconds to decide what to do and then do it. It is a long-established principle of the right-of-way rules, as stated in rule 15, that a boat that becomes obligated to keep clear by an action of another boat is entitled to sufficient time for response. Also, while it was obvious that AS would have to tack to round the mark, BP was under no obligation to anticipate that AS would break rule 15, or indeed any other rule. BP broke neither rule 2 nor rule 14.

USSA 1971/140