Page 17 - Case Book 2017 - 2020 April 18

CASE 92 RYA 2002/3
When a right-of-way boat changes course, the keep- When there is contact that causes damage, a right-of-
clear boat is required to act only in response to what way boat does not break rule 14 if it was not reasonably
the right-of-way boat is doing at the time, not what the possible for her to avoid contact.
right-of-way boat might do subsequently.
RYA 2002/5
CASE 99 When a right-of-way boat changes her course to comply
The fact that a boat required to keep clear is out of with rule 14 because the give- way boat is already not
control does not entitle her to exoneration for breaking keeping clear. The right-of-way boat will be exonerated
a rule of Part 2. When a right-of-way boat becomes if in the process she breaks rule 16.1.
obliged by rule 14 to ‘avoid contact . . . if reasonably When it is clear that a give-way boat that is limited in
possible’ and the only way to do so is to crash-gybe, she her manoeuvrability cannot or will not keep clear, and
does not break the rule if she does not crash-gybe. the right-of-way boat maintains a collision course with
When a boat’s penalty under rule 44.1(b) is to retire, her, the right-of-way boat breaks rule 14, even if the
and she does so (whether because of choice or actions of the give way boat hinder the right-of-way
necessity), she cannot then be disqualified. boat from avoiding a collision.
CASE 105 RYA 2002/11
When two boats are running on opposite tacks, the A boat that takes action to keep clear or avoid contact
starboard-tack boat may change course provided she and elects to pass very close astern of a boat crossing
gives the port-tack boat room to keep clear. ahead of her does so at her own risk if she was able to
CASE 107 pass further away, and there is contact resulting in
During the starting sequence, a boat that is not keeping serious damage.
a lookout may thereby fail to do everything reasonably RYA 2003/5
possible to avoid contact. Hailing is one way that a boat Rule 21 offers no exoneration for breaking rule 14. In
may ‘act to avoid contact’. When a boat’s breach of a order to avoid penalization when damage results from a
rule of Part 2 causes serious damage and she then collision, a right-of-way boat rounding a mark may
retires, she has taken the applicable penalty and is not need to delay her normal change of course, or indeed
to be disqualified for that breach. change course in the other direction in order to comply
CASE123 with the requirement to avoid contact if reasonably
When it would be clear to a competent, but not expert, possible.
sailor at the helm of a starboard-tack boat that there is RYA 2003/8
substantial risk of contact with a port-tack boat, the When boats are overlapped on the same tack on
starboard-tack boat breaks rule 14 if contact occurs converging courses, the moment when the windward
and there was still time for her to change course boat has failed to keep clear is, by definition, also the
sufficiently to avoid the contact. moment when the right-of-way boat must take avoiding
RYA 1975/4 action if she is to avoid penalization under rule 14,
The test of whether it was reasonably possible for a should contact causing damage then occur.
right-of-way boat to avoid contact is an objective one, RYA 2008/3
and the inexperience of her helmsman cannot justify a In a protest, a party that is a right-of-way boat or one
lower standard of care. entitled to room may be penalized under rule 14 even if

RYA 1986/3 the damage or injury referred to in rule 14(b) is
A keep-clear boat cannot be said to have done so when, incurred only by a third boat that is not a party to the
although there was no contact, there is firm evidence hearing, if it is a consequence of the original breach of
that contact would have occurred had not the right-of- a rule of Part 2 by one of the parties.
way boat altered course to comply with rule 14. RYA 2008/6

RYA 1988/1 When a boat acquires right of way or when a right-of-
The right-of-way boat will not be penalized after way boat alters course, she is required to give room for
contact that causes damage when there were no the other boat to keep clear. The other boat must
reasonable steps she could have taken to avoid it. promptly manoeuvre in a way which offers a reasonable
expectation that she will keep clear. If she fails to keep
RYA 1988/7 clear she will break the relevant right-of-way rule
When a keep-clear boat indicates that she will take unless she was not given room for that manoeuvre.
avoiding action, a right-of-way boat is entitled to delay
taking action to avoid contact. RYA 2012/2
A right-of-way boat risks penalization if she does not
RYA 1991/4 act to avoid contact involving damage immediately it is
A right-of-way boat may hold her course and presume evident that the other boat is not keeping clear.
that a keep-clear boat will give way until it is evident
that she is not keeping clear.

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