Rule 14, Avoiding Contact Rule 19.2(b), Room to Pass an Obstruction: Giving
Room at an Obstruction Rule 20.1, Room to Tack at an Obstruction: Hailing
and Responding Rule 20.3, Room to Tack at an Obstruction: When
Not to Hail Rule 64.1(c), Decisions: Penalties and Exoneration
When boats are overlapped at an obstruction, including an obstruction
that is a right-of-way boat, the outside boat must give the inside boat room
to pass between her and the obstruction.
Summary of the Facts
PW and PL, close-hauled on port tack and overlapped, approached S on the
windward leg. PL could pass safely astern of S. PW, on a collision course
with S, hailed PL for room to pass astern of S when PW and PL were about
three hull lengths from S. PL ignored the hail and maintained her course.
When PW bore away to avoid S, she and PL had slight beam- to-beam contact.
PW protested under rule 19.2(b).
The protest committee held that rule 19.2(b) did not apply, stating that
PW could easily have tacked into the open water to windward to keep clear,
and should have done so. PW was disqualified under rule 20.1 and appealed.
Decision
S was an obstruction that PW and PL were about to pass on the same side.
Therefore, rule 19 applied. Under rule 19.2(b) PW was entitled to room
to pass between PL and the stern of S. PL did not give PW that room, so
PL broke rule 19.2(b). PL was subject to rule 14, but since she held right
of way over PW and there was no damage or injury, she cannot be penalized
for breaking that rule.
PW could not have known that PL was not going to give sufficient room
until she was committed to pass between S and PL. PW broke rule 11, but
she was compelled to do so by PL’s failure to give room as required
by rule 19.2(b). Therefore, as required by rule 64.1(c), PW is exonerated
from breaking rule 11. Also, when it became clear that PL was not giving
room, it was not reasonably possible for PW to avoid the contact that
occurred, so PW did not break rule 14.
PW was not required to “tack into open water to windward to keep
clear” because PL did not hail under rule 20.1 for room to tack
and avoid S. Rule 20.3 prohibited PL from doing so because she did not
have to make any change of course to avoid S.
PW’s appeal is upheld. The decision of the protest committee disqualifying
PW is reversed. PW is reinstated, and PL is disqualified.