CASE 73          

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