Originally posted by redman
Hypothetical Situation
Who is correct? I know there is a Case that confirms that a boat is not expected to know that another boat will break a rule, but I’m not sure if that really applies here? The parties are essentially pitching the opening words of Rule 15 “When a boat acquires right of way” against the definition Room with its “manoeuvre promptly in a seaman like way” |
https://www.racingrulesofsailing.org/cases/1799?page=3" rel="nofollow - Case 27
A boat is not required to anticipate that another boat will break a rule. When a boat acquires right of way as a result of her own actions, the other boat is entitled to room to keep clear.
The collision occurred almost immediately after AS assumed a close-hauled course on starboard tack. Therefore, BP needed to take avoiding action before AS had borne away to a close-hauled course. At that time BP had right of way under rule 13, and so AS broke rule 13.
Right in point. To paraphrase
When contact occurs almost immediately after a boat gains right of way, the other boat would have needed to take avoiding action before the change of right of way, that is, while she was the right of way boat, so as a right of way boat needing to take action to avoid the first boat, the first boat has not kept clear (Definition: Keep Clear).
Case 3 says much the same thing about anticipate.
So if P argues that S needed to/should have taken any action before P reached her close hauled course, P shoots herself in the foot.
https://www.racingrulesofsailing.org/cases/1942?page=6" rel="nofollow - Case 53
A boat clear ahead need not take any action to keep clear before being overlapped to leeward from clear astern.
I think this can be generalised as:
A boat initially having right of way need not take any action to keep clear of another boat acquiring right of way until that boat actually does acquire right of way.
Also RYA 2008/4
"The protest committee did decide that 'it was not conclusively proven that [Leeward] gave [Windward] room to keep clear under rule 15.' That must mean that she did not give room. Rule 15 puts a positive obligation on a right-of-way boat. It is for her to show that she gave sufficient room. As she was not able to do so, [Leeward] broke rule 15 and [Windward] is exonerated for not keeping clear"
That’s not a paragraph I’d be proud of.
The headnote is probably more helpful
When there is contact between boats, a right-of-way rule will normally have already been broken.
...
When there is contact shortly after a boat gains right of way, it is for her to show that she gave the other boat room to keep clear.
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