Rule 2, Fair Sailing
Rule 11, On the Same Tack, Overlapped
There is no rule that dictates how the helmsman or crew of a leeward boat must sit; contact with a windward boat does not break rule 2 unless the helmsman’s or crew’s position is deliberately misused.
Summary of the Facts
W was overtaking L in sub-planing conditions on a close reach. L luffed slightly,
the helmsman’s back making contact with W just forward of the shroud.
At this point the hulls were about an arm’s length apart. Neither boat
took a penalty. At the subsequent hearing, the protest committee disqualified
L under rule 2, stating that W was correctly trimmed with full sails and her
crew sitting by the leeward shroud. ‘Contact’, it continued, ‘could
only have been made if L’s helmsman was sitting out flat.’ In the
prevailing conditions this was significantly beyond the normal sailing position
required.’ L appealed.
Decision
L’s appeal is upheld; she is reinstated and W disqualified under rule
11. In Case 73 it is clear that L’s crew deliberately touched W with the
intention of protesting her out of the race. In this case there was no such
deliberate action by L. There is no rule that dictates how a helmsman or crew
must sit and, in the absence of deliberate misuse of his positioning, no breach
of rule 2 took place.
RYA 1993/2