Rule 12, On the Same Tack, Not Overlapped
Rule 14, Avoiding Contact
Rule 31, Touching a Mark
Definitions, Keep Clear
Contact with a mark by a boat’s equipment constitutes touching it. A boat obligated to keep clear does not break a rule when touched by a right-of-way boat’s equipment that moves unexpectedly out of normal position.
Assumed Facts
Boats A and B approached the leeward mark with spinnakers set. A rounds the
mark clear ahead of B. A has difficulty lowering her spinnaker and, as she assumes
a close-hauled course, her spinnaker guy trails astern by some 30 feet (9 m)
and drags across part of the mark above the water. Later, when the mark is about
five lengths astern of B, the boats are sailing closehauled on port tack and
B is 20 feet (6 m) astern of A. A is still having difficulties handling her
spinnaker and the head of her spinnaker unexpectedly streams astern and strikes
B's headstay.
Question
What rules apply during these incidents and does any boat break a rule?
Answer
When A’s spinnaker guy drags across the mark, she breaks rule 31. A boat
touches a mark within the meaning of rule 31 when any part of her hull, crew
or equipment comes in contact with the mark. The fact that her equipment touches
the mark because she has manoeuvring or sail-handling difficulties does not
excuse her breach of the rule.
When contact occurs later between the two boats, rule 18 no longer applies.
Because A’s spinnaker is not in its normal position, the boats are not
overlapped and, therefore, rule 12 applies. That rule requires B to keep clear
of A, which she is doing because nothing B did or failed to do required A ‘to
take avoiding action’ (see the definition Keep Clear). This is shown by
the fact that the contact between them results exclusively from A’s equipment
moving unexpectedly out of normal position. Therefore, B did not break rule
12.
Rule 14 also applied. A broke rule 14 by causing contact that she could have
avoided. However, because there was no damage or injury, A cannot be penalized.
It was not reasonably possible for B to avoid contact with A’s spinnaker
as it streamed astern, and so B did not break rule 14. Note that Case 91 also
addresses an incident involving equipment out of its normal position.
USSA 1980/232