Page 109 - Case Book 2017 - 2020 April 18

to return and start. Normally, she is not entitled to
redress for the time lost in so doing.
Wind SUMMARY OF THE FACTS
Er-Bitz was protested by Affrodizzy Cat for failing to
B3 B2 B1 keep clear at the start of a race. The protest committee
disqualified Er-Bitz under rule 11. In addition, both
A3 boats had been OCS, and neither had returned to start.
The protest committee had also re-instated Affrodizzy
A2 A1
Cat because her OCS resulted from Er-Bitz’s
infringement. Er-Bitz appealed.
DECISION
The appeal of Er-Bitz against her disqualification is
dismissed, but Affrodizzy Cat is to be scored OCS.

Er-Bitz was correctly disqualified under rule 11 for
SUMMARY OF THE FACTS failing to keep clear of Affrodizzy Cat. Both boats also
A and B were approaching a plastic racing mark on a broke rule 28.1, by not starting, as defined.
close fetch in about 12 knots of wind and at least 1 knot
of adverse tide. A, travelling at about 4 knots, entered Affrodizzy Cat is to be scored OCS. Neither exoneration
the zone clear ahead of B, travelling at about 5 knots. nor reinstatement via redress was appropriate.
After entering the zone, B became overlapped inside A. Nothing prevented Affrodizzy Cat from returning to
When she became nearly level with the mark, A start, as required by rule 28.1. She was therefore not
changed course to windward and began to sheet in to compelled to break that rule, and is not entitled to
round the mark. A collision occurred between B’s bow exoneration under rule 64.1(a).
and A’s starboard quarter resulting in damage to both A boat that has suffered a loss of place as a result of
boats. Neither boat took any positive action to avoid another boat breaking a rule of Part 2 of the Racing
collision although such action was reasonably possible Rules of Sailing is entitled to redress only if her score
for both. The protest committee disqualified both boats, has, through no fault of her own, been made
B under rules 14, 18.2(b) and 18.2(c), and A under rule significantly worse and either she has suffered physical
14. A appealed. damage (see rule 62.1(b)), or if rule 62.1(d) applies.
DECISION Neither of these applied to Affrodizzy Cat.
A’s appeal is dismissed. Affrodizzy Cat v Er-Bitz, Datchet Water SC
B was correctly disqualified for neither keeping clear RYA 2003/7
nor giving mark-room, and for not avoiding contact
when it was possible to do so. Rule 15, Acquiring Right of Way
Rule 16.1, Changing Course
A was a right-of-way boat entitled to mark-room Rule 18.4, Mark-Room: Gybing
throughout, but by the time she reached the mark or Rule 21. Exoneration
even earlier, it was obvious that B was not going to
keep clear or give mark-room and that severe contact An inside overlapped boat that obtains right of way
inside the zone is entitled to sail to windward of the
was likely. If A had simply maintained her former
course as was reasonably possible, B would have had room to sail to the mark to which she is entitled, but
only if in the process she complies with rule 18.4, and
more room to keep clear although still in breach of rule
18.2(c). A’s action in beginning to round up to with rules 15 and 16.1 with respect to the outside boat.
windward broke rule 16.1, but rule 21 exonerated her Dragonfly Supernatural Panache
because she broke that rule while taking mark-room to
which she was entitled while rounding the mark on her
proper course. However, that rule does not exonerate Wind
infringements of rule 14. Her luff made the collision
inevitable when she could as easily have acted to avoid
the collision by easing her sheets and bearing away.
Since damage resulted, A was correctly disqualified for
breaking rule 14.
Spindrift v Nutmeg , Pembrokeshire Y.C.

RYA 2003/6
Rule 28.1, Sailing the Course
Rule 62.1, Redress
When a boat is on the course side at her starting signal
because another boat broke a rule, she is still required

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