Rule 11, On the Same Tack, Overlapped
Rule 14, Avoiding Contact
Rule 16.1, Changing Course
Rule 17, On the Same Tack; Proper Course
Definitions, Proper Course
When, owing to a difference of opinion about a leeward boat’s proper course, two boats on the same tack converge, the windward boat must keep clear. Two boats on the same leg sailing near one another may have different proper courses.
Summary of the Facts |
Decision
When, owing to a difference of opinion on the proper course to be sailed, two
boats on the same tack converge, W is bound by rule 11 to keep clear and by
rule 14 to avoid contact.
This case illustrates the fact that two boats on the same leg sailing very near
to one another can have different proper courses. Which of two different courses
is the faster one to the next mark can not be determined in advance and is not
necessarily proven by one boat or the other reaching the next mark ahead.
The basis for W’s protest was that L sailed above her proper course while
subject to rule 17. L’s defence and counter-protest were that she had
decided that the inshore course out of the tide would result in her finishing
sooner and that, therefore, the course she was sailing was her proper course.
In addition, L argued that W had broken rules 11 and 14.
The facts found do not show that L sailed above her proper course; therefore
she did not break rule 17. When L luffed slowly between positions 1 and 2, W
had room to keep clear, so L did not break rule 16.1.
L could have avoided contact with W. By not doing so, she broke rule 14, but
is not penalized because the contact caused no damage or injury. By failing
to keep clear of L, W broke rule 11. W could have avoided the contact, and by
not doing so she too broke rule 14, but is not exempt from penalization.
L’s appeal is upheld. L is reinstated, and W is disqualified for breaking
rules 11 and 14.
RYA 1966/3