Page 101 - Case Book 2017 - 2020 April 18

W broke rule 11 but was compelled to do so by L’s SUMMARY OF THE FACTS
infringement. She is exonerated under rule 64.1(a). The sailing instructions said that the starting line was
from the committee boat mast to a dan buoy flying the
Wild West Hero v Limbo Dancer, Parkstone YC.
club burgee. The race committee laid a different mark,
without a burgee, and tried to notify the boats about
RYA 2002/3
Rule 14, Avoiding Contact this. No amendment to sailing instructions was issued,
nor did the sailing instructions provide for oral changes.
When there is contact that causes damage, a right-of- All the fleet started on the line intended by the race
way boat does not break rule 14 if it was not reasonably committee, except for Waxwing, which did not arrive at
possible for her to avoid contact. the starting area until four minutes after the start, did
not receive the information about the different buoy,
and did not sail between the race committee’s mark and
P3 A3 the committee boat, as she believed that another buoy
Wind on a different alignment was the starting line mark.
B3
P2 Kathleen’s protest against Waxwing for not sailing the
B2 course was dismissed, and she appealed. The protest
A2 committee observed that that starting line did not
P1 comply with the sailing instructions, and so no boat,
B1
Waxwing included, could be said to have started
A1 correctly: and that Waxwing began to sail the course,

four minutes late, from a position close to the
SUMMARY committee boat, having closed it to check the course,
In the J/24 National Championships, A and B were and so gained no advantage.
close-hauled on starboard tack. A was some distance
ahead and to leeward of B. P was close-hauled on port DECISION
tack on a collision course with A. P did not keep clear Kathleen’s appeal is dismissed.
of A and, to avoid her, A was compelled to crash-tack The appeal and the original protest allege that Waxwing
on to port, and that tack put her directly ahead of B. B did not leave the starting line mark on the correct side.
then tried to avoid contact, but there was a collision The protest committee found as a fact that there was no
resulting in damage. B protested A. The protest starting line mark as described in the sailing
committee found that the tack was so close to B that instructions. The appellant gives no grounds for the
contact was inevitable. It disqualified both boats – A RYA to question this or any of the other facts found, or
under rule 10, and B under rule 14 for failing to the conclusions and decision of the protest committee.
anticipate a problem between A and P and so take
earlier action to avoid the collision. B appealed. Kathleen v Waxwing, Hamble River S.C.
DECISION RYA 2002/5
B’s appeal is upheld. Both A and B are reinstated. Sportsmanship and the Rules
Rule 14, Avoiding Contact
While B tried to avoid A, she was unable to do so. A
broke Rule 13 but was compelled to do so by the action Rule 16.1, Changing Course
of P. A is therefore exonerated in accordance with Rule Rule 44.1(b), Penalties at the time of an Incident:
64.1(a). Taking a Penalty
Rule 64.1(a), Decisions: Penalties and Exoneration
Rule 14 requires a boat to avoid contact with another Rule 64.1(b), Decisions: Penalties and Exoneration
boat only if it is reasonably possible to do so. When a
boat on starboard tack is confronted with a keep-clear When a boat retires promptly after an incident, for
boat that has taken violent evasive action immediately whatever reason, she has complied with Sportsmanship
ahead of her, the reaction time required to take steps to and the Rules in respect of any rules (apart from rule 2)
avoid contact can be too long to permit such action to she may have broken. When there is serious damage
be taken successfully. In those circumstances it is not which may have been her responsibility, she is, by
reasonably possible to avoid contact and the boat retiring, exempted from further penalties in respect of
concerned does not break Rule 14 if contact occurs. B is that incident.
also reinstated. When a boat acquires right of way or when a right-of-
way boat alters course, she is required to give room for
Rolling Stock v Jalapeno, Yacht Clubs of Weymouth
the other boat to keep clear. The give-way boat must
RYA 2002/4 promptly manoeuvre in a way which offers a reasonable
Rule 28, Sailing the Course expectation that she will keep clear. If the give way boat
fails to keep clear she will break the relevant right-of-
A boat is not to be penalized for not leaving a starting way rule unless she was not given room for that
mark on the required side if the buoy laid as a starting manoeuvre.
mark is not as described in the sailing instructions, if
she has not been validly notified of this, and if she When a right-of-way boat changes her course to comply
believes some other buoy near the committee boat is the with rule 14 because the give-way boat is already not
starting mark.

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