CASE 86        

Rule 11, On the Same Tack, Overlapped
Rule 16, Changing Course
Rule 18.2(a), Rounding and Passing Marks and Obstructions: Giving Room; Keeping Clear
Rule 18.2(d), Rounding and Passing Marks and Obstructions: Giving Room; Keeping Clear
Rule 18.4, Rounding and Passing Marks and Obstructions: Gybing
Definitions, Proper Course

When rules 18.2(a) and 18.4 apply at a leeward mark, an outside windward boat must keep sufficiently clear of the leeward boat that the leeward boat is able to sail her proper course while passing the mark.

Summary of the Facts
Boats IL and OW were on port tack and overlapped at three hull lengths from the leeward mark. At the two-length zone, both gybed onto starboard tack. When IL was one-half of a hull length and OW one hull length from the mark, IL began to luff and OW initially luffed in response. IL continued to luff, and her bow struck OW forward of OW’s stern. Neither boat was damaged and there were no injuries. Both boats then bore away and gybed, and IL passed within about one-quarter hull length of the mark. OW rounded behind IL. OW protested IL for sailing above her proper course and thereby breaking rule 18.4. The protest committee disqualified IL. IL appealed.

Decision
From the time the boats gybed onto starboard tack until IL gybed onto port to round the mark, rules 11, 18.2(a) and 18.4 applied. Both rule 11 and rule 18.2(a) required OW to keep clear of IL.
During this period, IL was obligated by rule 18.4 to sail no farther from the mark than needed to sail her proper course. Although the protest committee concluded that she did sail above her proper course, the written facts and the endorsed diagram do not support that conclusion. In the absence of OW (the ‘boat referred to’ in the definition Proper Course), IL’s proper course might well have been to sail even higher than she did, so as to make a smoother, faster rounding instead of the abrupt, tight one that she made. Therefore, IL did not break rule 18.4.
Sailing a proper course was a normal part of IL’s rounding maneuver. When she changed course between positions 3 and 4, she was changing course to round the mark. Therefore rule 18.2(d) applied and rule 16.1 did not. IL did not have to give OW room to keep clear of her.
The protest committee did not find facts relevant to whether or not IL broke rule 14. However, if she did, she cannot be penalized for doing so because neither boat was damaged nor were there any injuries. Since OW broke rules 11 and 18.2(a) by failing to keep clear of IL, and IL broke no rule, the appeal is sustained and the decision of the protest committee is reversed. OW is disqualified, and IL is reinstated in her finishing place.

USSA 300/1995