Page 107 - Case Book 2017 - 2020 April 18

required side, rule 21 does not exonerate her if she mark-room. In this case, neither B nor C exercised that
breaks rule 16.1. right at the mark.
B1 QUESTION 3
A1 Does C sail above her proper course?
Wind ANSWER 3
C1 It may be that C sails above a proper course when she
luffs, but that in itself breaks no rule. The only rules that
B2 place a proper course limitation on a boat are rules 17
and 18.4, neither of which applies here.
A2
QUESTION 4
Which rules apply between A, B and C when C luffs?
C4 A4 C2 ANSWER 4
A3 Since C is no longer taking mark-room to which she is
B4
entitled when she luffs at position 4 (see the answer to
B3
Question 2), rule 16.1 requires her to give both B and A
room to keep clear, without the possibility of
C3 exoneration under rule 21 for breaking rule 16.1. If C’s
luff complies with rule 16.1 but B’s ability to respond is
curtailed because A does not respond (or responds only

belatedly or less quickly than would be seamanlike),
ASSUMED FACTS then A breaks rule 11 and B would be exonerated under
Three boats approached a leeward mark at slow speed rule 64.1(a) in any protest against her for breaking rule
in light winds. C was clear ahead of A and B as she 11.
reached the zone. B was overlapped inside A at the
zone. C sailed wide round the mark leaving room for B Rule 14 instructs B to avoid contact if reasonably
to round up inside. C shouted ‘No water’ and luffed, possible, so B should not deliberately hit A. However, B
still within the zone, touching B. B attempted to head up risks disqualification only if the contact is avoidable,
to avoid C but was prevented from doing so by A, and if there is then damage, and if there are no grounds
which was now overtaking to windward. for exoneration because of an infringement by C. B
cannot be penalized, even if there is damage, if contact
QUESTION 1 with A or C is inevitable whatever she does.
Which rules apply to the boats as they round the mark?
Questions from Combs SC
ANSWER 1
C enters the zone clear ahead of A and B, and the RYA 2003/3
second sentence of rule 18.2(b) entitles C to mark-room Rule 60.3(a)(1), Right to Protest; Right to Request
from A and B, namely room to leave the mark on the Redress or Rule 69 Action
required side. B is entitled to mark-room inside A under Rule 64.1, Decisions: Penalties and Exoneration
the first sentence of rule 18.2(b). B becomes overlapped Rule R5, Procedures for Appeals and Requests:
inside C, and A then becomes overlapped inside B. Inadequate Facts; Reopening
Neither A nor B is entitled to mark-room from C, and A
is not entitled to mark-room from B, as stated in rule In an appeal, the national authority must accept the
18.2(c). However, WS Case 63 says that when a boat facts found by the protest committee, but need not
voluntarily or unintentionally makes room at a mark accept the conclusions of the protest committee based
available to another that has no rights to such room, the on those facts.
other boat may take advantage, at her own risk, of the When a protest committee wishes to protest under rule
room. A must keep clear of B under rule 11, and B must 60.3(a)(1) having received a report of an incident that
keep clear of C under the same rule. may have resulted in injury or serious damage, it is
QUESTION 2 advised initially to protest all boats that may have been
At what point does C’s entitlement to mark-room end? involved. If it then finds that that there was in fact more
At what point does B’s entitlement to mark-room end? than one incident, and that serious damage or serious
injury did not result from one of the incidents, it should
ANSWER 2 close the hearing relating to that incident.
Each of them is entitled to room to round the mark as
necessary to sail the course, even if neither of them does If there is a causal link between a series of collisions,
so. Neither of them needs that room by position 4. WS they may be regarded as a single incident for the
Case 63 goes on to identify the risk to the boat taking purposes of rule 60.3(a)(1)
room to which she is not entitled, namely that the boat When a protest committee uses rule 60.3(a)(1) to
entitled to mark-room may be able to sail a proper protest a boat, and the boat then is found to have been
course to close the gap between her and the mark, involved in an incident that resulted in serious damage
resulting in the opportunist no longer being able to give or serious injury, and to have broken a rule, she is to be
that room, and in the exoneration of the boat entitled to penalized under the appropriate rule, even if it were not
she that caused the serious damage or serious injury.
107