When a boat entitled to mark-room under rule 18.2(b) passes head to wind,
rule 18.2(b) ceases to apply and she must comply with the applicable rule of
Section A.
Summary of the Facts
Two boats, A and B, close-hauled on starboard tack, approached a mark
to be left to starboard. A entered the zone clear ahead and to leeward
of B, and tacked onto a close-hauled port-tack course in order to round
the mark. B, still on starboard tack, made contact with A, then on port
tack, causing no damage or injury. Both boats protested.
Citing rule 18.1(b), the protest committee decided that rule 18 did
not apply because just prior to the contact both boats were on opposite
tacks and B had to tack to pass the mark on her proper course. Having
decided that rule 18 did not apply, the protest committee disqualified
A under rule 10. A appealed.
Decision
B was clear astern of A from position 1 to position 4. While B was clear
astern, rule 12 required her to keep clear of A. Also, from the time
A reached the zone until she passed head to wind, rule 18.2(b)’s
second sentence applied, requiring B to give A mark-room. B fulfilled
both these obligations. Shortly before position 5, when A passed head
to wind, rule 18.2(b) ceased to apply (see rule 18.2(c)). At that time
B acquired right of way and A became obligated to keep clear of B, first
by rule 13 and later, after A was on a close-hauled course, by rule
10. Rule 15 did not apply because B acquired right of way as a result
of A’s tack.
It is not clear from the facts whether B needed to act to avoid A before
or after A assumed a close-hauled course on port tack. However, it is
clear that B needed to act to avoid A while B held right of way. Therefore,
A is disqualified, under either rule 13 or rule 10. Because it was possible
for A to have avoided the contact, she also broke rule 14.
Rule 14 applied to B, but the facts do not enable a determination of
whether it was reasonably possible for B, acting after it became clear
that A was not keeping clear, to have avoided the contact. However,
it is not necessary to make that determination because B had right of
way and the contact did not cause damage or injury. Therefore, B could
not be penalized under rule 14 (see rule 14(b)).
A’s appeal is dismissed. She remains disqualified, and B is not
to be penalized.