Originally posted by jeffers
15 ACQUIRING RIGHT OF WAY
When a boat acquires right of way, she shall initially give the other
boat room to keep clear, unless she acquires right of way because of
the other boat’s actions. |
I would have thought the second half of rule 15 was very relevant here 'unless she acquires right of way because of the other boats actions.' |
P acquired right of way because of S's action in passing head to wind. Rule 15 did not apply.
Originally posted by jeffers
S was saying the P should have given them room to keep clear under 16.1 but she was not entitled to room to keep clear due to how the right of way was established. |
S seems to be confusing rules 15 and 16.
In your OP you say 'as P crosses the transom of S they change course to come back to close hauled.' Presumably (at least on P's evidence), P then held a steady close hauled course.
At that time P changed course, it is highly unlikely that S had passed head to wind, thus P was still give way boat and under no obligation to give S room under rule 16.1.
Even if S had passed head to wind when P changed course back to close hauled, S still had ample room to hold up in the tack and keep clear of P.
Only if P made further changes in course after S began to bear away to close hauled is P exposed under rule 16.1, and given that S could always hold up or luff back, there is always room for S to keep clear.
Maybe, just maybe, if P put in a quick luff (whacked up by a wave or whatever) just as S was reaching close hauled, it could be argued that P changed course too fast for S to respond. That's putting stuff in your OP that isn't there.
Originally posted by jeffers
S also says that P came above close hauled which I am guessing they were not allowed to do so without giving room under 16.1 but were perfectly entitled to resume their previous (and proper) course? |
Proper course is irrelevant. Rule 17 does not apply because the overlap began when S passed head to wind and simultaneously became a port tack boat and required by rule 13 to keep clear (rule 17, last sentence).
Whether P sails above close hauled or not is none of S's business unless, in order to do so, P changed course in such a way that that she did not give S room to keep clear.
This sounds like S tried a slam dunk, when it wasn't on, and is now wriggling.
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