Rule 11, On the Same Tack, Overlapped
Rule 14, Avoiding Contact
Rule 15, Acquiring Right of Way
Rule 16.1, Changing Course
Rule 17, On the Same Tack; Proper Course
Definitions, Proper Course
Before her starting signal, a leeward boat does not break a rule by sailing a course higher than the windward boat’s course.
Summary of the Facts |
Decision
W’s appeal is dismissed. Between positions 2 and 3 L became overlapped
to leeward of W, acquiring right of way under rule 11 but limited by rule 15’s
requirement to initially give room to W to keep clear. L met that requirement
because L gave W room to keep clear. Just after position 4, when L luffed to
a close-hauled course, she was required by rule 16.1 to give W room to keep
clear, and she did so. L had been clear astern of W and was within two of her
hull lengths of W when she became overlapped to leeward of W. Therefore, she
was required by rule 17 to sail no higher than her proper course. However, she
had no proper course before the starting signal (see the definition Proper Course)
and the starting signal was not made until after the incident. Therefore, L’s
luff did not break rule 17 and she was in fact entitled to luff higher than
she did, even as high as head to wind, as long as while so doing she complied
with rule 16.1. After L became overlapped to leeward of W, W was required by
rule 11 to keep clear of L. She did not do so and accordingly her disqualification
under rule 11 is upheld. In addition, W broke rule 14 because she could have
avoided the contact with L.
L also broke rule 14 because it would have been easy for her to bear off slightly
and avoid the contact. However, she is not penalized because there was no damage
or injury.
RYA 1965/10