Page 73 - Case Book 2017 - 2020 April 18

RYA 1988/8 SUMMARY OF THE FACTS
(incorporating 1969/9) S passed the port-hand leeward mark on the ‘wrong’ side,
Definitions, Proper Course realised her mistake and turned back to unwind and pass
Rule 2, Fair Sailing it correctly, leaving it to port. In so doing, while on
Rule11, On the Same Tack, Overlapped starboard tack and outside the zone, she met P, which
was running to the mark to leave it, correctly, to port.
When two overlapped boats are close-hauled on the
same tack and L suddenly heels to windward, she They collided. P was disqualified for breaking rule 10,
maintains her rights provided her action is not and appealed on the grounds that S should have kept
deliberate. If L’s action is deliberate, with the intention clear, since, at the time of the collision, she had been
of causing W to break rule 11, she breaks rule 2. correcting her error and was therefore subject to the
principles and rules that override normal rights of way
A boat's course as used in the definition Proper Course in three similar situations - an OCS boat returning to
is her course made good over the ground, not the start (rule 22.1), a boat taking a one-turn penalty after
direction in which she is pointing.
touching a mark (rule 44.1), and a boat taking a two-
turns penalty for breaking a rule of part 2 (also rule
44.1). In addition, she (P) and S were on different legs
Position 1 Position 2 of the course, and S had interfered with her, contrary to
rule 24.2.
Wind
DECISION
P’s appeal is dismissed.
Rules 22.1 and 44.1 apply only to the specific
occurrences mentioned in each rule. A boat that has to
unwind before rounding to comply with rule 28
continues to have the rights and obligations in the rules
of sections A to C of Part 2 (rules 10 to 21), including
rule 18 during her unwinding and her subsequent
L1 W1 L2 W2 rounding. While she is returning to a mark and
QUESTION 1 unwinding at it, she is sailing the same leg of the course
Two boats are close-hauled on the same tack. L, without as any other boat sailing to that mark, added to which
altering course, heels to windward so that her masthead she is likely to be sailing a proper course, and so rule
touches W’s mast or sail. Is it fair sailing? 24.2 could not apply between them.
ANSWER 1 Heartbeat v Project X, Rickmansworth SC
If carried out deliberately and with the intention of
making W break a rule, it would break rule 2, and W RYA 1989/6
will be exonerated for breaking rule 11 under 64.1(a), Definitions, Rule
provided that she was previously keeping clear, as Rule 2, Fair Sailing
defined. But if the contact is caused by, for instance, Rule 84, Governing Rules
wave motion or a wind shadow, L breaks no rule, and Appendix J, 1.1(3), Notice of Race and Sailing
W has not kept clear. Instructions: Notice of Race Contents
Appendix J 2.1(2), Notice of Race and Sailing
QUESTION 2 Instructions: Sailing Instruction Contents
Is a boat's course, as used in the definition Proper
Course, the course made good, or the direction in which ‘Other documents that govern the event’ in the definition
she is pointing? Rule must be stated or referred to in the notice of race
and in the sailing instructions before they become
ANSWER 2 mandatory for boats racing. When a race committee
The definition Proper Course refers to the course made considers it necessary for boats to adhere to local
good over the ground, and not to the direction in which regulations or prohibitions, it must issue an explicit
the boat is pointing. notice of race and sailing instructions to that effect.
MR 3024 v NT 2476, Wyre Mill Club When no such notice or instructions are issued, a boat
Question from University of London SC and BUSA
that does not comply with a local regulation or
prohibition does not break the Fair Sailing rule.
RYA 1988/9
Rule 18.1, Mark-Room: When Rule 18 Applies SUMMARY OF THE FACTS
Rule 24.2, Interfering with Another Boat While racing in light winds and an adverse tide, six
Rule 28, Sailing the Course boats anchored in the area between Stansore and Egypt
Points, which was marked on a chart as ‘Fishing and
The rights of a boat that passes a mark on the wrong anchoring prohibited’. Sigmatic did not anchor, and,
side, without touching it, and is unwinding, are not
diminished in any way, she is sailing the same leg of the believing that the notice on the chart was mandatory
and that she had been clearly disadvantaged by not
course as a boat rounding normally.
kedging, lodged a protest against them claiming that
they had broken rule 2.

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