CALL MR 43       

Rule 19 Room to Pass an Obstruction
Rule 64.1(c) Penalties and Exoneration
Rule C2.4 While Tacking or Gybing

Question 1
Blue and Yellow are sailing directly downwind on starboard tack with Blue clear ahead of Yellow. The boats are heading directly toward a long seawall. Blue gybes to port when she is at the obstruction. While Blue is gybing Yellow has to alter course to avoid a collision. There is a Y-flag. What should the call be?

Answer 1
Penalize Blue.
While Blue is gybing she must keep clear of Yellow, which she fails to do. Yellow is not obliged to give room until the boats become overlapped and, as Yellow has to take avoiding action before this time, Blue breaks 13.2. Because Blue was not compelled to break rule 13.2, she cannot be exonerated under rule 64.1(c).

Question 2
Would the answer be different if the boats became overlapped on the same tack before Blue gybed?

Answer 2
No - penalize Blue.
Before the boats become overlapped, Blue has right of way and can choose to pass the obstruction on either side. As soon as the boats become overlapped, Yellow acquires right of way and now she may choose to pass the obstruction on either side.
When the boats become overlapped Yellow is required by rule 19.2(b) to give Blue room, and Blue is required by rule 11 and then rule 13.2 to keep clear of Yellow. When Blue continues to bear away and gybe, Yellow has to alter course to keep clear of her and Blue breaks rules 11 and 13.2. Blue could have luffed and passed the obstruction on the other side. Blue is not compelled to break rule 11 or rule 13.2 so she cannot be exonerated under rule 64.1(c). Rule 15 does not apply to Yellow as she acquired right of way because of Blue’s action.
If, by continuing to bear away Blue compels Yellow to break rule 19, Yellow will be exonerated for that breach under 64.1(c).

Question 3

When Yellow establishes an overlap, Blue luffs and passes the obstruction on her port side. What should the call be?

Answer 3
If when Yellow establishes the overlap Blue is not yet passing the continuing obstruction and is able to give room but does not, penalize Blue under rule 19.2(b).
However, if the overlap is established when Blue is passing the continuing obstruction and there is not room for Yellow to pass between Blue and the obstruction, penalize Yellow under rule 19.2(c).
If when Blue luffs she breaks the overlap, rule 19.2(c) will apply while the boats are passing the continuing obstruction and Yellow will only be entitled to room if she re-establishes the overlap and there is room for her to pass between Blue and the continuing obstruction.