Rule 11, On the Same Tack, Overlapped
Rule 14, Avoiding Contact Rule 15, Acquiring Right of Way Rule 16.1, Changing Course Rule 17, On the Same Tack; Proper Course
When, after having been clear astern, a boat becomes overlapped to leeward
within two of her hull lengths of the other boat, the windward boat must keep
clear, but the leeward boat must initially give the windward boat room to keep
clear and must not sail above her proper course.
Summary of the Facts
About 200 yards (200m) from the mark, L became overlapped to leeward
of W from clear astern. L was less than two of her hull lengths from
W. The two boats then sailed alongside each other, about one-and-a-half
hull lengths apart, until they were 80 yards (80m) from the mark. At
this point, L luffed slightly to sail directly to the mark, a luff that
did not affect W. W maintained a steady course. L never became clear
ahead. W’s boom touched L’s shroud, although without damage, and L protested
under rule 11. L’s protest was dismissed, and she was disqualified on
the grounds that she had not allowed W enough room to fulfill her obligation
to keep clear as required by rule 15. L appealed.
Decision
L’s appeal is upheld. When L became overlapped to leeward of W,
W became bound by rule 11 to keep clear of L. At the same time, L was
bound by rule 15 to allow W room to keep clear, but that obligation
is not a continuing one, and in this case the overlap had been in existence
for a considerable period during which W certainly had room to keep
clear. Rule 17 applied to L because, as the diagram shows, she had been
clear astern before the boats became overlapped and was within two of
her hull lengths of W when the overlap began. L was justified in changing
course to sail directly to the mark, provided that she did not sail
above her proper course; it is L’s proper course that is the criterion
for deciding whether she broke rule 17. According to the agreed diagram,
L at no time sailed above her proper course. Just after position 3 L
luffed slightly. Clearly there was room for W to keep clear, and so
L did not break rule 16.1. L broke rule 14 because she could have avoided
contact with W, but she cannot be penalized because there was no damage
or injury. W is disqualified under rule 11, and L is reinstated.