Page 59 - Case Book 2017 - 2020 April 18

did not deliberately hit P, although she was keeping no Rule 21(a): Exoneration
lookout to leeward. P's helmsman was experienced, S’s
was inexperienced. S protested under rule 10 while P When a boat tacks, the question of whether an overlap
is created is decided at the moment she passes head to
protested under rule 14.
wind, but rule 17 will never apply to the leeward boat if
The protest committee disqualified P under rule 10, but the overlap is created while the windward boat is still
did not find S to have broken rule 14, as her effort to subject to rule 13.
avoid a collision was reasonable for an inexperienced A boat that luffs above close-hauled to pass to windward
helmsman, even though she did not act to avoid contact
until after it was clear that P was not going to keep of a mark is not sailing above a proper course.
clear. P appealed. A right-of-way boat is exonerated if she breaks rule
16.1 while sailing a proper course at a mark and taking
DECISION mark-room to which she is entitled.
P’s appeal is dismissed, and her disqualification is
confirmed. In addition, S is also disqualified, under rule
14. W4
P did not keep clear, and was correctly disqualified. The Wind
test of whether it was reasonably possible for S to avoid
contact is an objective one. The inexperience of W3 L4
helmsman or crew cannot justify a lower standard of
care.
Jemalda v Sudo & v.v., Royal Cornwall YC L3
W2
RYA 1975/5
Definitions, Room
Rule 16.1, Changing Course W1 L2
Rule 16.2, Changing Course
S’s response to a wind shift must not deprive P of room
to keep clear, or, after the starting signal, oblige P (if L1
sailing a course to keep clear by passing astern of S) to
change course immediately to continue keeping clear.
QUESTION SUMMARY OF THE FACTS
When two boats, close-hauled or reaching on opposite W crossed L and tacked, outside the finishing line
tacks, meet, at what distance in hull lengths must the mark’s zone. L established a leeward overlap before W
right-of-way boat, S, hold her course and not follow a was on a close-hauled course. L and W approached the
wind shift, thus preventing P from keeping clear? finishing mark close-hauled and overlapped, both on
port tack, nearly a hull-length apart. W was laying the
ANSWER mark, while L could fetch it by pinching. L luffed to
It is not possible to lay down any precise distance in shoot the mark on the required side and hit W on her
hull lengths since this will vary according to the starboard quarter. There was no damage. L did not go
existing conditions and the class of boat concerned. beyond head to wind. After hearing the protest and

If it is after the starting signal, if the boats are about to counter-protest, the protest committee disqualified W
cross, and if P is otherwise keeping clear of S by sailing for failing to give L room to pass the mark. W appealed.
a course to pass astern of her, rule 16.2 prohibits S from DECISION
changing course by bearing away, if as a result P would W’s appeal is dismissed.
immediately need to change to continue keeping clear.
W became a port-tack boat when she passed head to
Before the starting signal, or if P and S are already on a wind. At that moment, she was clear ahead of L. L then
collision course, or if P is sailing to keep clear by established a leeward overlap from clear astern before
passing to windward of S, S may change course at any W reached a close-hauled course. W was required to
time in response to a wind shift, unless she is so close to keep clear by rule 11 and then to give mark-room after
P that S's change of course would not give P room to zone entry by the first sentence of rule 18.2(b). Initially,
keep clear. Room is defined as the space P needs in the W kept clear and gave L room to sail to the mark. L
existing conditions while manoeuvring promptly in a then luffed to fetch the mark. L was sailing a proper
seamanlike way. course at the mark. A proper course is defined as one
Question from Dorchester SC that a boat would sail to finish as soon as possible in the
absence of the other boats referred to in the rule using
RYA 1975/6 the term. L would have pinched or shot head to wind in
Definitions, Clear Astern and Clear Ahead; Overlap order to finish as quickly as possible whether or not W
Definitions, Proper Course was near, and so was sailing a proper course.
Rule 13, While Tacking L was therefore taking mark-room to which she was
Rule 17, On the Same Tack; Proper Course entitled. W was required to keep clear and give mark-
Rule 18.2 (b), Mark-Room: Giving Mark-Room
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