Page 110 - Case Book 2017 - 2020 April 18

SUMMARY OF THE FACTS requirement, and was unable to comply with the second
In a strong wind and choppy sea cut up by a cross-tide, because of Supernatural’s infringements.
three category IRC2 boats were approaching the Exoneration for breaking rule 16.1 is possible under
leeward port-hand mark. Panache, the inside boat, was
on starboard tack. Supernatural and Dragonfly were rule 21, but in this case there was no failure by
give
Dragonfly
to
mark-room.
Furthermore,
overlapped outside her, both on port tack, and had been
so before any of the boats entered the zone. Supernatural was neither taking mark-room to which
she was entitled, nor yet rounding the mark, nor sailing
Supernatural collided with Panache, then gybed onto
starboard tack, veered towards Dragonfly, which was her proper course.
still on port tack, and collided with her as well. Damage Supernatural v Dragonfly, Royal Ocean Racing Club
resulted from both collisions.
RYA 2003/8
Supernatural was disqualified under rule 16.1 for Definitions, Keep Clear
failing to give Dragonfly room to keep clear. She Rule 11, On the Same Tack, Overlapped
appealed, on the grounds firstly that she believed that Rule 14(a), Avoiding Contact
rule 16 did not apply to her, as stated in rule 21, and
secondly that Dragonfly should have given sufficient When boats are overlapped on the same tack on
room to enable both of the inside boats to perform any converging courses, the moment when the windward
manoeuvre to avoid a collision. boat has failed to keep clear is, by definition, also the
moment when the right-of-way boat must take avoiding
DECISION action if she is to avoid penalization under rule 14,
Supernatural’s appeal is dismissed. should contact causing damage then occur.
Panache was entitled to steer a course for a tactical
rounding provided that she gave Supernatural room to
keep clear when she changed course, and provided that
she sailed no farther from the mark than she needed to
sail her proper course, as required by rule 18.4. There is
nothing to suggest that she did otherwise.
Supernatural was required to keep clear of Panache and,
from zone entry, to give her room to sail to the mark.
Supernatural did neither, breaking rules 10 and 18.2(b).

Dragonfly was required by rule 18.2(b) to give mark-
room to Panache and Supernatural from the moment
they entered the zone. The protest committee found that
she complied with this requirement, and the RYA sees SUMMARY OF THE FACTS
no reason to doubt this finding. After she gybed, W and L were approaching the starting line to pass
Supernatural became right-of-way boat, and Dragonfly inside a small starting mark for a reaching start. They
broke rule 10. However, Supernatural broke not only converged and there was contact between them,
rule 16.1, but also rule 15 with respect to her and resulting in damage to both of them. L protested W. The
Dragonfly is exonerated under rule 21(a) because she protest committee disqualified both of them, W for not
was sailing within the room to which she was entitled keeping clear, as the mark was surrounded by navigable
under those rules. The RYA is satisfied that there was water she could have luffed into, and so she was not
nothing that Dragonfly could have done to avoid the entitled to room because of the preamble to Section C;
collision, and so she did not break rule 14. and L for breaking rule 14. L appealed on the grounds
Supernatural’s loss of control resulted from her own that, given she was not required to give room to W, she
earlier breaking of rule 10, and is no reason to exonerate was not required to take avoiding action under rule 14
her further infringements. until it was clear that W was not keeping clear, and that
when that moment arrived, there was then nothing she
In addition, Supernatural as an inside overlapped right-
of-way boat with respect to Dragonfly, would have to could do to avoid contact.
gybe to sail her proper course at the mark, and so was DECISION
required by rule 18.4 to sail no farther from the mark L’s appeal dismissed.
than needed to sail that course. She clearly sailed
beyond the point where rule 18.4 required her to gybe, The RYA is satisfied that, at a point of time before the
thus breaking that rule as well. starting signal, W was not keeping clear; that it was or
should have been clear to L that W was not keeping
The rules did not require Dragonfly to give sufficient clear; that it was reasonably possible for L to avoid
room to enable each of the inside boats to perform any contact at that time; that she did not act to avoid
manoeuvre to avoid a collision. Dragonfly’s obligation contact; and that contact resulting in damage resulted.
was to give Supernatural and Panache room to sail to
the mark, and to keep clear of Supernatural when To clarify the interaction of rules 11 and 14, L was
Supernatural obtained right of way and changed course right-of-way boat under rule 11, and W was required to
towards her. Dragonfly complied amply with the first keep clear of her. A windward boat on a converging
course with a leeward boat has failed to keep clear if the
leeward boat cannot sail her course because avoiding
110