Rules Question on Overlaps

clear astern

   This is an interesting and somewhat quirky scenario.

Perhaps it will help everyone to better understand the solution and method of analysing a rules problem in general if we do the somewhat simpler bow to hull contact scenario from first principles. Rules wonks and judges please note that what is described is an analytical process, not the customary Facts Found, Conclusions and Decision structures that is used to provide written decisions.

Consider the following diagram of the incident described.

RACING RULES OF SAILING
All the relevant rules and definitions are contained in the Racing Rules of Sailing which can be viewed and downloaded here
FIRST APPLY DEFINITIONS TO BOATS (AND OTHER OBJECTS) IN THE SCENARIO

@1 Boat B is clear astern of Boat A because her hull and equipment are behind the line abeam of the aftermost point of A's hull and equipment in normal position (Definitions:  Clear Astern and Clear Ahead;  Overlap).  Observe that the diagram illustrates that this line abeam extends from the aftermost end of A's trailing rudder, not from her actual transom.  

@2 and @3 B is overlapped (Definitions: Clear Astern and Clear Ahead; Overlap) on A and is to leeeward of A (Definitions: Leeward and Windward). 
SECOND APPLY THE RULES OF PART 2 SECTION A THE RIGHT OF WAY

@1 B (clear astern) shall keep clear (Definitions: Keep clear) of A (Rule 12).
While B was clear astern of A, B kept clear of A. B did not break rule 12.
@2, from the time that B and A become overlapped, and @3, A (to windward) shall keep clear of B (to leeward) (Rule 11).
While A was overlapped to windward of B there was contact between A and B. A did not keep clear of B. A broke rule 11. This conclusion is correct, regardless of any suggestion that B caused the contact or caused A to break rule 11. This issue can be dealt with by exoneration as discussed below.
THIRD APPLY THE RULES OF PART 2 SECTION B GENERAL LIMITATIONS
Always leave rule 14 Avoiding Contact till last. If contact has occurred, then one boat or other will always (except in a couple of obscure freak situations) have failed to keep clear of the other (broken a right of way rule) and one boat may have broken a giving room rule (rules 15 and 16).
Rule 17 is a 'supplemental' rule that only sometimes applies. it doesn't apply in this scenario and we can disregard it.
Rule 16 applies when a right of way boat changes course. In this scenario neither boat changes course while she is right of way boat and rule 16 does not apply.
Rule 15 is the rule that is specifically designed to cope with situations like this where right of way changes over ('transitions') between boats in an instant. It certainly does apply.
There is no action of A that caused B to acquire right of way over A by becoming overlapped to leeward of A. Rule 15 applies and requires B to initially give A room to keep clear.
Room to keep clear means the space that A needs in the existing conditions while manoeuvring promptly in a seamanlike way to keep clear (Definitions: Room).
It is evident from the scenario description and the diagram that between the instant that B crosses the 'line abeam' and becomes overlapped on A, there isn't sufficient time or space for A to manoeuvre so as to keep clear of B. B did not initially given A room to keep clear. B broke rule 15.
FOURTHLY CONSIDER RULE 14 AVOIDING CONTACT
If contact occurred because B did not give A room to keep clear, then it was not reasonably possible for A to avoid contact, and A does not break rule 14.
Once B had achieved the close hook-up on A it was clear that A did not and could not keep clear, but B could have avoided contact by bearing away and opening the gap.  It was reasonably possible for B to avoid contact, starting from when it was clear to B that A was not keeping clear (rule 14(a)), and thus B broke rule 14.
If there was no injury or damage, B, the right of way boat would be protected from penalisation under rule 14, but not under any other rule, by rule 14(b).
LASTLY CONSIDER EXONERATION.
When a right of way boat breaks a rule, exoneration should be considered.
Rule 64.1( c ) provides that:
When as a consequence of breaking a rule a boat has compelled another boat to break a rule [the rule requiring that all boats breaking rules to be penalised] does not apply to that boat and she shall be exonerated.
In this scenario, B's failure to give A room to keep clear when B initially acquired right of way by becoming leeward boat, prevented A from keeping clear of B and thus compelled A to break rule 11.
THE BOTTOM LINE
B broke rule 15 by not initially giving A room to keep clear.
B broke rule 14 by not avoiding contact when it was reasonably possible to do so.
A broke rule 11 by not keeping clear of B, a leeward overlapped boat, but A is exonerated for breaking rule 11 because she was compelled to do so by B breaking rule 15.
On valid protest, penalise B.

Edited by Brass - 16 Jul 12 at 1:21am