Rule 2, Fair Sailing
Rule 11, On the Same Tack, Overlapped
When, by deliberate action, L’s crew touches W, which action could have no other intention than to cause W to break rule 11, then L breaks rule 2.
Summary of the Facts
W and L were overlapped on starboard tack beating towards the windward mark.
The crew of L, who was on a trapeze, reached out and deliberately touched W’s
deck with a hand and intimated that W should retire. L protested W. The protest
committee disqualified W under rule 11 and she appealed.
Decision
W’s appeal is upheld; L is disqualified and W reinstated. Because L could
sail her course with no need to take avoiding action and there was no risk of
immediate contact had L changed course in either direction, W was keeping clear
of L. Therefore, W did not break rule 11. The deliberate action of L’s
crew, which could have had no other intention than to disqualify W, broke rule
2.
RYA 1971/6