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Rule 17 situation

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Andymac View Drop Down
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Post Options Post Options   Quote Andymac Quote  Post ReplyReply Direct Link To This Post Topic: Rule 17 situation
    Posted: 25 Dec 14 at 6:20pm
That makes sense Ed.
Windward/leeward luffing match in the middle of the southern ocean anyone?
Clear demarkation zones dictating which rule set applies.
RRS obviously at the start, and to a lesser extent the likelyhood of 2 boats being in close company approaching the finish of an ocean leg.
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Post Options Post Options   Quote Presuming Ed Quote  Post ReplyReply Direct Link To This Post Posted: 25 Dec 14 at 11:44am
Vender globe notice of race

  1. 3.4.5 The R.R.S. in chapter 2 (“When the boats meet”) only applies to the start and up to 30 miles beyond the start line and then again within 50 miles of the finish line for these parts of the race covered by day. For the rest of the race, these rules are replaced by part B (steering and sailing rules) of the International Regulations for Avoiding Collisions at Sea (COLREGS). 


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Post Options Post Options   Quote Andymac Quote  Post ReplyReply Direct Link To This Post Posted: 25 Dec 14 at 11:02am
Just as an illustration to rule set used 'after dark',
Southport 24hr S.I's;
 
http://wlyc.org.uk/crewsaver-24-hour-race/sailing-instructions
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 24 Dec 14 at 10:05pm
No, honestly that is different. You cannot change the Part 2 rules, even though you can change some other parts of RRS in SIs so they will always be the same, but you can opt out of using them completely.

If you were to say Oh well, we'll use colregs for port starboard and overtaking, but RRS for mark roundings, yes that could be a confusing nightmare, which is why it ain't allowed: it must be all RRS or all colregs. Similarly it would be a nightmare if two races in the same area were using RRS with part 2 rules amended differently, and that's why that's not allowed either.
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Post Options Post Options   Quote Presuming Ed Quote  Post ReplyReply Direct Link To This Post Posted: 24 Dec 14 at 9:58pm
Preamble to part 2. SIs can replace the whole of part 2 with IRPCAS or similar. But you can't cherry pick changes. 
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Post Options Post Options   Quote rb_stretch Quote  Post ReplyReply Direct Link To This Post Posted: 24 Dec 14 at 9:41pm
Originally posted by GML

Originally posted by rb_stretch

However I think the paragraph I quote above is unsafe, since RRS may be overruled by NoR, SIs etc and the parties not sharing the same third party would not know the amendments so would have to resort to IRPCS. Unless I've got that wrong as well!

The "When Boats Meet" rules in the RRS (the Part 2 rules) cannot normally be changed by the NoR or SIs for an event - see RRS 86.1 (and 86.2 for the exceptional circumstances in which they may).


But that is exactly what I have seen with the night time rules ie. specific over-ruling of Part 2 in favour of IRPCS.
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 24 Dec 14 at 9:11pm
And in any case you'd just revert to standard RRS, no need to confuse the issue with colregs. Event specific changes couldn't apply between boats in different events.


Edited by JimC - 24 Dec 14 at 9:12pm
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Post Options Post Options   Quote GML Quote  Post ReplyReply Direct Link To This Post Posted: 24 Dec 14 at 8:22pm
Originally posted by rb_stretch

However I think the paragraph I quote above is unsafe, since RRS may be overruled by NoR, SIs etc and the parties not sharing the same third party would not know the amendments so would have to resort to IRPCS. Unless I've got that wrong as well!

The "When Boats Meet" rules in the RRS (the Part 2 rules) cannot normally be changed by the NoR or SIs for an event - see RRS 86.1 (and 86.2 for the exceptional circumstances in which they may).
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 24 Dec 14 at 9:04am
Originally posted by Brass


Modern race officers strongly deprecate replacing Part 2 with IRPCAS after dark, or at any time.
Under the pre 1977 full body contact rules implementing IRPCAS was often referred to as 'No luffing after dark' and it was quite a good idea.  Once the hard luff was gone, there is little point.


Whilst completely in agreement with you on the main point, there's a bit more to using colregs than just 'no luffing'.
Use of IRPCAS also means no overlaps at marks and a complete avoidance of sailing in close quarters. So it's very appropriate for the tall ships races for instance.
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 23 Dec 14 at 10:19pm
Originally posted by rb_stretch

Originally posted by Brass


It doesn't take much extension and analogy to get from two parties making an agreement in the same material terms with ONE third party, to two parties each making an agreement in the same terms with TWO different parties with the same result of an agreed position as between the parties.


Did look up Satanita and just had another look, but obviously not looking deep enough to find any criticism of it (I'm not a lawyer so maybe my search terms are not appropriate).

However I think the paragraph I quote above is unsafe, since RRS may be overruled by NoR, SIs etc and the parties not sharing the same third party would not know the amendments so would have to resort to IRPCS. Unless I've got that wrong as well!

Interestingly my search did throw up that IRPCS is used instead of RRS Part 2 at night which I didn't know, but is obvious when you think about it.
Since I am neither pronouncing a judgement nor deciding a jury verdict, it doesn't matter whether my opinion is unsafe or not.

Satanita stands for a key principle that it is lawful for parties to enter into an agreement to abide by some private code instead of a legislated code as long as the legislation does not expressly forbid this.

The functionality, or difficulties in applying such a principle do not invalidate the principle.

Yes, a case where parties had each entered into an agreement with a different organising authority might be distinguished from Satanita:  the degree to which such an argument would succeed can't be known until it is tried in a court.

The RRS quite clearly contemplate incidents arising between boats in races organised by different organising authorities

Rule 63.8 Protests Between Boats in Different Races
A protest between boats sailing in different races conducted by different organizing authorities shall be heard by a protest committee acceptable to those authorities.

There is no need to 'resort to IRPCAS' in this situation.

IRPCAS are most definitely  NOT used instead of RRS at night, unless the Sailing Instructions so state (Preamble to Part 2).

Modern race officers strongly deprecate replacing Part 2 with IRPCAS after dark, or at any time.

Under the pre 1977 full body contact rules implementing IRPCAS was often referred to as 'No luffing after dark' and it was quite a good idea.  Once the hard luff was gone, there is little point.
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