Page 97 - Case Book 2017 - 2020 April 18

Audacious v Communicator, Royal Southern YC
1
RYA 2001/5
Definition, Keep Clear
Rule 16.1, Changing Course
When a right-of-way boat changes course and deprives
a give-way boat of room to keep clear, she will have
complied with rule 16.1 by making a further change to a
course that will give the other boat room to keep clear. 5

Wind at Wind at
S1-P1
S2-P2

P3
8 7
P2
S3
P1 ASSUMED FACTS
The course is 1 – 8 – 7, marks to be left to port, two
S2
laps, and boats must cross the starting and finishing line
from the committee boat to buoy 5 at the end of each
S1
lap. During the first lap, the race committee boat signals
a shortened course when the leading boats are
approaching buoy 8.
SUMMARY OF THE FACTS QUESTION 1
S and P were close-hauled on opposite tacks. When they Which is the finishing line? To buoy 8 (200 metres from
were just over two lengths from each other, a wind shift the committee boat), in which case is it now to be left to
lifted S and headed P. If both boats had held their new starboard? To buoy 7 (75 metres from the committee
courses, S would have made contact with the starboard boat), in which case is it now to be left to starboard? Or
quarter of P. to buoy 5 (30 metres from the committee boat)?
S bore away and passed astern of P. There was no ANSWER 1
contact. S protested P under rule 10. The protest Rule 32.2 refers to shortening ‘at’ a rounding mark or
committee found that, on their original courses, P would line. Any of the buoys could be a legitimate place at
have crossed S, without S needing to take avoiding which to shorten a race, but the committee boat must be
action. When S changed course, P could only stand on considered to be ‘at’ the closest candidate. The new
after being headed, which was all she could do to try to finishing line was therefore the line from the committee
keep clear of S. It dismissed the protest, stating that S’s boat to buoy 5, under rule 32.2(b). If the finishing line
avoiding action was made necessary by the wind shift. S had however been to either buoy 8 or to buoy 7, the
appealed. required side of the buoy concerned would have
DECISION changed, as stated in case RYA 1980/2.
S’s appeal is dismissed. QUESTION 2
Before the boats changed course, P was keeping clear of If the finishing line is to buoy 5, are boats required to
S, as required by rule 10. When S changed course, she continue to sail the prescribed course, thus leaving
was required by rule 16.1 to give P room to keep clear. buoys 8 and 7 to port, before finishing?
She did this by bearing away. ANSWER 2
420 49820 v 420 49956, RYA Volvo Youth Championship Yes, in the absence of a sailing instruction to the
contrary.
RYA 2001/6 Question from Welsh Harp Sailing Association
Rule 28.1, Sailing the Course
Rule 32.2, Shortening or Abandoning After the Start RYA 2001/12
Rule 60, Right to Protest; Right to Request Redress or
When a course is shortened, the finishing line is at the
line or to the mark that is nearest to the finishing vessel. Rule 69 Action
If the shorten-course signal is made when boats still have Rule 64.1, Decisions: Penalties and Exoneration
to round other marks before they would reach the new Rule 64.2, Decisions: Decisions on Redress
finishing line, they shall sail so as to leave those marks A class association has no power to protest a boat, let
on the required side and in the correct order, unless the alone disqualify her without a hearing.
sailing instructions make some other provision.
When a boat seeks redress for having been disqualified
without a hearing, the only permitted outcome is the
granting or refusal of redress. Only a party to a protest
hearing can be penalized, and a redress hearing is not a

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