Page 105 - Case Book 2017 - 2020 April 18

lifted at the end of the season and laid again each spring starboard tack. Both boats held their course. There was
by a contractor acting on behalf of the local clubs. contact between Cadhire Falcon’s bow and
Unknown to the race committee, one of the marks had Desperado’s starboard quarter 130mm from her
been laid 0.4 nm from its published position. Fandango transom, before which Desperado’s helmsman, fearing
was one of several boats who used GPS to sail to the for his safety, left his position. Serious damage resulted.
mark’s published position in race in force 4 winds and Desperado took a penalty and continued racing.
good visibility, and she lost time locating and rounding Cadhire Falcon protested Desperado. Both boats were
the mark as actually laid. She asked for redress.
disqualified, Cadhire Falcon under rule 14. Cadhire
The protest committee refused redress and referred its Falcon appealed, claiming that, by the time it was clear
decision to the RYA, asking for guidance on the extent to that Desperado was not keeping clear, it was too late for
which a race committee was obliged to check the her, Cadhire Falcon, to avoid contact. She also asserted
positions of such marks: the extent to which a boat might that the act of Desperado’s helmsman leaving the helm
rely on navigation by GPS alone, given that other boats would have caused Desperado to luff because of
had detected the error earlier by keeping a good lookout; weather helm, turning a near-miss into an unavoidable
and whether the caveat in the sailing instructions would collision.
always prevail against a redress claim.
DECISION
DECISION Cadhire Falcon’s appeal is dismissed.
The decision of the protest committee is confirmed.
Desperado was give-way boat on port tack and broke
As concerns a seasonal mark that is laid by a contractor rule 10. Although she took a penalty, the protest
on behalf of local clubs, a race committee is entitled to committee found that the damage was serious and she
expect that the mark was laid in its intended position, should have retired as required by rule 44.1(b). She did
and cannot be expected to check the positions of all not do so and was correctly disqualified.
marks it might use. If it learns of an error, it should Based on the facts found it was clear at 10 seconds
advise competitors.
before contact occurred that Desperado was not keeping
A caveat concerning the accuracy of mark positions in clear once she was committed to crossing ahead of
sailing instructions does not relieve the race committee Cadhire Falcon.
of its responsibilities. When the race committee learns Therefore Cadhire Falcon, as right-of-way boat on
before a race that any mark is out of position, and does
not act on that knowledge when it is possible to do so, starboard tack, was required by rule 14(a) to act to
avoid contact within those 10 seconds. As the collision
this may be an improper omission giving rise to the
possibility of redress. When a race committee learns was only 130mm from the stern of Desperado there was
no reason why, in the prevailing conditions and within
during a race that any mark is out of position, it is
required to act under rule 34, if possible. If it is not the 10 second period, Cadhire Falcon could not have
born away sufficiently to pass behind Desperado. The
possible, abandonment under rule 32.1(c) may be
appropriate if a mark is so far from its intended position protest committee found that Cadhire Falcon, as
confirmed in her own evidence, made no attempt to bear
that boats cannot be expected to find its actual position,
or can do so only at the expense of changes in position away and held her course throughout.
too extensive or unquantifiable to be remedied by Cadhire Falcon asserts that she would have avoided
redress that is fair for all the fleet. contact, albeit by the smallest possible margin, if
Desperado's helmsman had not left his position,
However, a boat that relies solely on GPS for sailing the
course in good conditions is not without fault if she is resulting in a small course change that caused the
collision. A boat that takes action to keep clear or (as in
delayed in arriving at a mark that is not in its correct
position but is reasonably near it, and she is not entitled this case) to avoid contact and elects to pass very close
astern of a boat crossing ahead of her does so at her own
to redress.
risk if she is able to pass further away. This is
Request for redress by Fandango, Warsash SC particularly true of large boats sailing at speed.
However, the facts found (which the RYA sees no
RYA 2002/11 reason to question) do not support any claim that the
Definitions, Keep Clear course sailed by Desperado altered significantly during
Rule 14(a), Avoiding Contact the final few seconds before the collision after her
A boat that takes action to keep clear or avoid contact helmsman left his position fearing for his safety. That
and elects to pass very close astern of a boat crossing he felt the need to do so was clear evidence that
ahead of her does so at her own risk if she was able to Cadhire Falcon was not complying with rule 14.
pass further away, and there is contact resulting in Cadhire Falcon broke rule 14 and was correctly
serious damage. disqualified.

SUMMARY OF THE FACTS Cadhire Falcon v Desperado, Warsash SC
Desperado, a 20m Swan, was approaching the
windward mark close-hauled on port tack in 12 kts. She RYA 2002/13
realised she had overstood the layline, eased her sheets Rule 71.4, National Authority Decisions
and slowed somewhat. Cadhire Falcon, a 13m
lightweight racer, approached her close-hauled on
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