At a mark, when room is made available to a boat that is not entitled to
it, she may, at her own risk, take advantage of the room so given.
Summary of the Facts
Two boats, A and B, broad reaching and about to round the leeward mark,
were overlapped with B outside. C was further astern. A passed the mark
about one hull length to leeward, as did B, leaving ample room for C
to round the mark inside them. B, because of her position outside A,
was unable to deny room to C, and at no time during the incident sailed
a course that would have resulted in a collision with C. No contact
occurred. B protested C.
The protest committee dismissed B’s protest stating that C did
not break any rule when she sailed between B and the mark and C did
not cause B to take avoiding action or prevent B from luffing. B appealed
on the grounds that C’s action prevented her from executing her
intended manoeuvre, which had been to slow down by bearing away and
then to harden up across A’s transom, thereby denying room to
C to pass inside.
Decision
B’s appeal is dismissed. When B entered the zone she was clear
ahead of C, so rule 18.2(b) required C to give B mark-room. Rule 12
(and later rule 11) also required C to keep clear of B. B was not required
to give C mark- room. However, B, because she could not prevent it,
allowed C room to sail between her and the mark and the protest committee
found that she was not in a position to do otherwise. When C sailed
between B and the mark C broke no rule.
When a boat voluntarily or unintentionally makes room at a mark available
to another that has no rights to such room, the other boat may take
advantage, at her own risk, of the room. The risk she takes is that
the boat entitled to mark-room may be able to close the gap between
her and the mark while sailing her proper course. In that case, the
boat entitled to mark-room will be exonerated if she breaks a rule of
Section A or rule 15 or 16 (see rule 18.5(b)), and only rule 14 will
inhibit her if she makes a rapid and aggressive attempt to close the
gap between herself and the mark.