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Tacking for the mark - hail

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gordon View Drop Down
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Post Options Post Options   Quote gordon Quote  Post ReplyReply Direct Link To This Post Topic: Tacking for the mark - hail
    Posted: 17 Sep 07 at 2:40pm
A right of way boat must, when changing course, give the other boat room to keep clear (see RRS 16.1). In addition rule 16.2 means that if a port tack boat is keeping clear by sailing to pass astern of the starboard boat then the starboard boat shall not change course so as that the port tack boat would immedaitely need to change course to continue keeping clear.

The right of way boat may change course but, reasonably, the rules limit this so that the keep clear boat cannot be put in an impossible position.

If the unjustified hail by the keep clear boat results in her gaining a significant advantage there may be grounds for a protest under Rule 2 (Fair Sailing). However a competitor cannot initiate an action under rule 69 (Allegations of gross misconduct). Only the Protest Committee or the National Authority can do this.

Gordon


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JimC View Drop Down
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 07 at 2:40pm
Originally posted by Scooby_simon

might a Rule 2 / 69 be apporpiate here ?

If I were on the PC (silly idea!)

If we were confident that it was a deliberate hail to confuse (like yelling "starboard" when on port tack) then I think we'd take action under rule 2, a DNE and possibly a R69 hearing depending on circumstances. If it was just plain ignorance of the rules then I'd be content with giving them a DSQ.
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Post Options Post Options   Quote Stuart O Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 07 at 2:55pm

Think you could be right there!!!

Gordon I think you maybe getting confused with........ if a boat aquires right of way through her own actions, the other boat is entitled to space to keep clear.

As both boats are on stb in this case a tack onto port means that the boat as you state having gone through head to wind has to give way to the stb boat. Any deviation from stbs course would constitute as an alteration of course would mean that port has an argument that she had ample room to keep clear, however the actions of the stb boat meant that this was impossible and stb had altered course thus causing the collision. If I remember both boats get dsq.

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Post Options Post Options   Quote Guest Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 07 at 2:57pm

Originally posted by JimC

Originally posted by Scooby_simon

might a Rule 2 / 69 be apporpiate here ?

If I were on the PC (silly idea!)

If we were confident that it was a deliberate hail to confuse (like yelling "starboard" when on port tack) then I think we'd take action under rule 2, a DNE and possibly a R69 hearing depending on circumstances. If it was just plain ignorance of the rules then I'd be content with giving them a DSQ.

I think that would be completely over the top ... the guy is just informing the right of way boat of his actions, he may have inteneded to tack then duck ...

I can't see anything unsporting in telling someone in advance what you are about to do ... quite helpful really ...

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Post Options Post Options   Quote Stuart O Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 07 at 3:10pm
Originally posted by Guest#260

Originally posted by JimC

Originally posted by Scooby_simon

might a Rule 2 / 69 be apporpiate here ?

If I were on the PC (silly idea!)

If we were confident that it was a deliberate hail to confuse (like yelling "starboard" when on port tack) then I think we'd take action under rule 2, a DNE and possibly a R69 hearing depending on circumstances. If it was just plain ignorance of the rules then I'd be content with giving them a DSQ.

I think that would be completely over the top ... the guy is just informing the right of way boat of his actions, he may have inteneded to tack then duck ...

I can't see anything unsporting in telling someone in advance what you are about to do ... quite helpful really ...

Sorry Rick I disagree.

From the information we have been given, he hails and tacks immediatley. Thus putting the stb boat in a position that a collision is more than probable even if he did intend on ducking stb transom. Whilst a hail helps to clear a situation up. The hail given is not in accordance with the rules, although before anyone says anything I know a hail is not required, it does help, and sounds as if it is given with the thought that this is a valid hail and he has a right to hail and tack and stb has to give way.

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Post Options Post Options   Quote Guest Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 07 at 3:53pm
Originally posted by Stuart O

Originally posted by Guest#260

Originally posted by JimC

Originally posted by Scooby_simon

might a Rule 2 / 69 be apporpiate here ?

If I were on the PC (silly idea!)

If we were confident that it was a deliberate hail to confuse (like yelling "starboard" when on port tack) then I think we'd take action under rule 2, a DNE and possibly a R69 hearing depending on circumstances. If it was just plain ignorance of the rules then I'd be content with giving them a DSQ.

I think that would be completely over the top ... the guy is just informing the right of way boat of his actions, he may have inteneded to tack then duck ...

I can't see anything unsporting in telling someone in advance what you are about to do ... quite helpful really ...

Sorry Rick I disagree.

From the information we have been given, he hails and tacks immediatley. Thus putting the stb boat in a position that a collision is more than probable even if he did intend on ducking stb transom. Whilst a hail helps to clear a situation up. The hail given is not in accordance with the rules, although before anyone says anything I know a hail is not required, it does help, and sounds as if it is given with the thought that this is a valid hail and he has a right to hail and tack and stb has to give way.

I am not commenting on the details of the boat on boat situation as we can't tell the facts on that ... I was just commenting that the hail is not a rule 2/69 issue IMHO

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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 07 at 4:04pm
Originally posted by Guest#260

I was just commenting that the hail is not a rule 2/69 issue IMHO


The RYA and ISAF would seem to disagree with you *if* the hail was considered to have been made with the *deliberate* intention of attempting to confuse the other boat into thinking it had to give way when that was not the case.


Case 47 in the ISAF Case Book
Question
An experienced helmsman of a port-tack boat hails ‘Starboard!’ to a beginner who, although on starboard tack, not being sure of himself and probably being scared of having his boat holed, tacks to port to avoid a collision. No protest is lodged.
One school of thought argues that it is fair game, because if a helmsman does not know the rules, that is his own hard luck. The other school rejects this argument, on the grounds that it is quite contrary to the spirit of the rules to deceive a competitor in that way.
It is known that such a trick is often played, particularly where novices are involved, and therefore guidance is sought on whether a protest committee should or should not take action under rule 2.

Answer
A boat that deliberately hails ‘Starboard’ when she knows she is on port tack has not acted fairly and has broken rule 2. The protest committee might also consider taking action under rule 69.
RYA 1980/1


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Post Options Post Options   Quote Guest Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 07 at 4:06pm

Originally posted by JimC

Originally posted by Guest#260

I was just commenting that the hail is not a rule 2/69 issue IMHO


The RYA and ISAF would seem to disagree with you *if* the hail was considered to have been made with the *deliberate* intention of attempting to confuse the other boat into thinking it had to give way when that was not the case.


Case 47 in the ISAF Case Book
Question
An experienced helmsman of a port-tack boat hails ‘Starboard!’ to a beginner who, although on starboard tack, not being sure of himself and
probably being scared of having his boat holed, tacks to port to avoid a collision. No protest is lodged.
One school of thought argues that it is fair game, because if a helmsman does not know the rules, that is his own hard luck. The other school rejects this argument, on the grounds that it is quite contrary to the spirit of the rules to deceive a competitor in that way.
It is known that such a trick is often played, particularly where novices are involved, and therefore guidance is sought on whether a protest committee should or should not take action under rule 2.

Answer
A boat that deliberately hails ‘Starboard’ when she knows she is on port tack has not acted fairly and has broken rule 2. The protest committee might also consider taking action under rule 69.
RYA 1980/1

That is a big if ... seems to me the other bloke was just informing another boat of a change of course he was about to go ahead with ... I don't think there is any deliberate intention to cheat ...

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Post Options Post Options   Quote gordon Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 07 at 4:09pm
Stuart O,

It is important not to confuse rule 15 (acquiring rights of way) with rule 16 (changing course).

As the leeward boat passes head to wind she loses her right of way and the windward boat acquires right of way through the other boats actions. The windward boat therefore has no obligation to initially give the other room to keep clear (rule 15). However she may not subsequently alter course in such a way that she does not give the keep clear boat room to keep clear (rule 16).

These general limitations on the actions of a right of way boat are intended to prevent situations where the keep clear boat has no way to avoid the right of way boat.
Gordon
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Post Options Post Options   Quote Stuart O Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 07 at 6:05pm

Sorry Gordon......Isn't that what I said? Oh well Was at the office and hadn't got the rule book next to me!!!!!

Rick don't think its a big IF in this case.... from what has been posted it would appear that club members think that this is a valid shout.this being the 2nd incident at the same club. In my opinion 1 trip in the protest room tends to sort these things out esp in the bar after!!!!

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