Page 55 - Case Book 2017 - 2020 April 18

ASSUMED FACTS DECISION
After the third race of a four-race series with one W’s appeal is upheld. She is reinstated, and L is
discard, B would win the series if she could win the disqualified under rule 19.2(b).
fourth race. Otherwise, A would win the series. Both
boats started correctly. At and after the start, A There is no zone at an obstruction - continuing or
otherwise - at which rule 19 applies, and so the situation
deliberately maintained a windward overlap on B,
carrying her well past the point where she would have when one of the boats comes within three hull lengths
of an obstruction is not relevant. Rule 19.2(c) says that
wished to have tacked.
the inside boat’s right to establish an overlap between a
When it became apparent that B was virtually out of the boat and a continuing obstruction depends on whether
running, A tacked, and both boats then found themselves there was room, as defined, to pass between the boat
a long way behind the rest of the fleet. A continued that was ahead and the continuing obstruction at the
racing, and finished. It was clear that A did not try to win moment the overlap was established.
the race, nor was she interested in doing so.
When W established her overlap, there was room to
QUESTION pass between L and the shore, and the overlap was
Could B have won a protest against A? therefore properly established. L initially then gave
room as required by rule 19.2(b) but ceased to do so
ANSWER when the projecting shallows were reached. These
No. In these circumstances, interfering with an shallows and the adjacent brick structure were part of
opponent does not break rule 2, Fair Sailing, nor does it the continuing obstruction, and W continued to be
break rule 24.2, Interfering with Another Boat, because entitled to room.
although A ceased to sail her proper course, the boats
were on the same leg of the course. See WS Case 78. Bald Eagle v Poseidon, Blue Circle SC
Question from Ullswater SC
RYA 1968/15
Rule 63.2, Hearings: Time and Place of the Hearing;
RYA 1968/11 Time for Parties to Prepare
Rule 19.2(b), Room to Pass an Obstruction: Giving
Room at an Obstruction A boat that claims that she has not been allowed
Rule 19.2(c), Room to Pass an Obstruction: Giving reasonable time to prepare her defence must raise this
Room at an Obstruction objection at the beginning of a hearing of the protest
against her.
There is no zone at an obstruction to which rule 19
applies. A boat astern and required to keep clear is SUMMARY OF THE FACTS
entitled to room if she becomes overlapped between the After a protest under a rule of Part 2 and a hearing,
boat that was ahead and a continuing obstruction, Sylphide was disqualified. She appealed on the grounds
provided that there was room to pass between them that a copy of the protest had not been made available to
when the overlap began. her, that she was given no time to prepare a defence or
find possible witnesses, and that she did not know the
When the nature of a continuing obstruction changes basis of the protest until summoned to appear before the
because of a projection or shallows, these features form protest committee when the protest was read by the
part of the continuing obstruction, and a boat that has chairman.
properly established an inside overlap is then entitled to
any necessary additional room. The protest committee observed that the protest had
been read out three times and had been available for

inspection. Sylphide made no complaint at the hearing
nor did she ask for an extension of time to prepare a
defence.
Water!
DECISION
W1 W2 W3 W4 W5
Sylphide’s appeal is dismissed.
L1 L2 L3 L4 L5 At the hearing of the protest, Sylphide did not complain
that she had no time to prepare a defence nor did she
ask for an extension. Therefore, her appeal fails.
SUMMARY OF THE FACTS
W established an overlap on L between positions 1 and Ffareida v Sylphide, Monklands SC
2 when L was one and a half to two boat lengths from
the shore. Several boat-lengths ahead, some shallows RYA 1969/1
extended from the shore from a brickwork structure. W Rule 25, Notice of Race, Sailing Instructions and
hailed ‘Water’ but L, although acknowledging the hail, Signals
made no attempt to give room and W ran aground. Rule 32.2, Shortening or Abandoning After the Start
Rule 64.1, Decisions: Penalties and Exoneration
W protested L under rules 19.2(b) and 19.2(c), but the Rule 85.1, Changes to Rules
protest committee dismissed the case, stating that W
had tried to force a passage between L and the shore, L Unless the sailing instructions state otherwise, when
having been clear ahead when she came within three courses are shortened using flag S, the finishing line
hull lengths of the obstruction. W appealed.
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