A starboard-tack boat that tacks after a port-tack boat has borne away
to go astern of her does not necessarily break a rule.
Summary of the Facts
Between positions 1 and 2 P bore away to pass astern of S. A moment later
S chose to tack. After sailing free for about a hull length, P resumed
her close-hauled course, having lost about a hull length to windward,
and passed S a hull length to windward of her. After S tacked, P’s
luff to close- hauled was not caused by a need to keep clear of S. P protested
S under rule 16.1. P claimed that, when S tacked after P had borne away
to pass astern of S, S failed to give P room to keep clear. The protest
committee disqualified S under rule 16.1. S appealed.
Decision
S’s appeal is upheld. She is to be reinstated. S was subject to
rule 16 only while luffing from a close-hauled starboard-tack course to
head to wind. During that time P had room to keep clear, and so S did
not break rule 16.1. S did not break rule 16.2 because P was able to continue
to sail her course ‘for about a hull length’ which demonstrated
that S’s luff did not require P to change course immediately to
continue keeping clear. After S turned past head to wind, P became the
right-of-way boat under rule 13, and rules 16.1 and 16.2 no longer applied.
S kept clear of P as required by rule 13. No rule was broken by S.