Page 54 - Case Book 2017 - 2020 April 18

mark or obstruction may happen to have or that is quite keep clear. Rule 16.2 does not apply before the starting
validly made relevant by a sailing instruction, such as signal, nor when a port-tack boat is keeping clear by
‘leave channel marks on the channel side’, or ‘pass to sailing to pass ahead of, or, when reaching, to
the north of xx’. windward of a starboard-tack boat.

However, rule 19.2(b) did not create any entitlement to A hail of ‘Hold your course!’ places no obligation on
room for either boat. The situations at a mark under rule the hailed boat.
18 and at an obstruction under rule 19 are different.
When a mark is being approached on the same tack by
boats on widely differing courses, an obligation will Wind P4
apply from zone entry onwards for the one that will be
outside at the mark to give room to the other, with the P2 P3 S4
mark on the same required side for both – see WS case
12 and RYA case 2004/8. Under rule 19, there is no Hold your S3 Starboard! S1
course!
S2
zone, and the obstruction may be left to port or to P1
starboard, as decided by the right-of-way boat. Room
then has to be given at the obstruction by an outside
boat. Although PW and PL were overlapped, the terms SUMMARY OF THE FACTS
‘outside’ and ‘inside’ are not capable of applying at an During pre-start manoeuvres, about fifty seconds before
obstruction to boats approaching each other at such a the starting signal, two boats were reaching away from
divergent angle. the line on starboard tack. P tacked onto port tack,
Ariadne v Inyala, Western Province SA intending to pass ahead of S. P hailed ‘Hold your
course’, but S luffed, hailing ‘Starboard’ more than
RYA 1967/3 once. P did not immediately respond. S then tacked in
Rule 29.1, Recalls: Individual Recall order to avoid contact. Both boats protested, P under
rule 16, S under rule 10.
A boat returning to start after a recall is entitled to
consider that the removal of flag X indicates that she The protest committee found that P had ample room to
has returned completely to the pre-start side of the keep clear of S after S had luffed to a close-hauled
starting line. course. P's protest was dismissed and she was
disqualified under rule 10. She appealed on the grounds
SUMMARY OF THE FACTS that S had failed to observe both rule 16.1 and 16.2 by
When the starting signal was made, Uncle Sam was over altering course after she, P, had hailed, and by continuing
the line; an individual recall was signalled and she turned to luff until (in P’s opinion) there was risk of contact.
back for the starting line. When she saw flag X lowered,
believing that she had returned completely to the pre-start DECISION
side of the starting line, she hardened up and sailed P’s appeal is dismissed.
towards the first mark of the course. In fact flag X had A hail of ‘Hold your course!’ is merely an assertion by
been removed before she recrossed the starting line. She the hailing boat that she can keep clear as required if the
was scored OCS, and requested redress.
hailed boat does not change course towards her. It
This was refused on the grounds that the words in the places no obligation on the hailed boat to comply.
sailing instruction ‘The responsibility for returning will S was entitled to harden up to a close-hauled course on
rest with the helmsman concerned’ meant that the race starboard tack because P thereafter had room to keep
officer’s mistake in lowering the recall flag prematurely clear, and so rule 16.1 was not broken. Even if S’s luff
in no way relieved her of her responsibility. She had made P need to change course immediately to
appealed.
continue keeping clear, rule 16.2 did not apply as the
DECISION incident occurred before the starting signal. If the
Uncle Sam’s appeal is upheld, and she is to be incident had occurred after the starting signal, rule 16.2
reinstated into her finishing position. would not apply when the port-tack boat was keeping
clear by sailing to pass ahead of or, when both boats are
She was entitled to interpret the lowering of the reaching, to windward of S. P, being on port tack, was
individual recall signal as confirmation of her opinion required by rule 10 to keep clear of S, and was correctly
that she had correctly returned to start. The race disqualified under that rule for not doing so.
committee cannot escape its obligations by placing the
responsibility on the boat concerned. Nausicaa v Sylmer, Karachi SC
Request for Redress by Uncle Sam, Montrose SC
RYA 1967/13
Rule 2, Fair Sailing
RYA 1967/5 Rule 24.2, Interfering with Another Boat
Rule 10, On Opposite Tacks
Rule 16.1, Changing Course When a boat that starts and finishes deliberately uses
Rule 16.2, Changing Course the right-of-way rules to ‘sail off’ another on the same
leg of the course to benefit her own series position, she
A keep-clear boat may not invoke rule 16.1 against the does not break rule 2 or rule 24.2.
right-of-way boat when she has been given room to

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