In your original post you asked whether rule 18 'trumps' rule 10. I have to disagree with PEd: I think that to say rule 18 trumps rule 10 is quite a good way to put it. At the expense of reciting the analysis PEd had already given, here's how. C (to windward) must keep clear of A (to leeward) (rule 11). C (port) must keep clear of B (starboard) (rule 10). A (port) must keep clear of B (starboard) (rule 10). A (overlapped, or clear astern when the first of them reached the zone) must give C mark-room rule 18.2( b ). B (overlapped, or clear astern when the first of them reached the zone) must give A mark-room (rule 18.3( b ), and that includes room for A to give her mark-room to C (Case 114)
Case 114 When a boat is entitled to room, the space she is entitled to includes space for her to keep clear of or give room to other boats when required to do so by the rules. |
OK, so we see that C's entitlement mark-room to A conflicts with her obligation to keep clear of A, and A's entitlement to mark-room conflicts with her obligation to keep clear of B. Let's assume that A gives C mark-room, and that C does not fail to keep clear of A. The situation between A and C requires no further discussion. Here's how rule 18 resolves the conflict with respect to A and B. As long as A is taking mark-room to which she is entitled (that is, room to sail firstly to the mark, then, to sail her proper course at the mark (Definition: mark-room), rule 18.5 provides that she shall be exonerated if she breaks a rule of Section A (Right of Way Rules), or, while at the mark, rules 16 (Right of way boat changing course) or 15 (Acquiring Right of Way). So, by the mechanism of exoneration, rule 18 does indeed, 'trump' the right of way rules, as long as the give way boat is taking no more room than the mark-room to which she is entitled. But no other rule 'trumps' rule 14 (Avoiding Contact). So there was contact between B and A. If A was taking no more than the mark-room to which she was entitled, based on the diagram, it was not reasonably possible for A to avoid the contact, so she did not break rule 14 at all. Even supposing there was a little more separation between A and C than is shown in the diagram and there had been room for A to avoid the contact, because there was no injury or damage, A, a boat entitled to mark-room shall not be penalised for breaking rule 14, even though she did break it (rule 14(b)) B, outside both A and C, with no other boat interfering with her freedom to manoeuvre could readily have avoided the contact and thus broke rule 14, but, because there was no injury or damage, B, a right of way boat shall not be penalised for breaking that rule. If A had delivered a valid protest (hailed 'Protest' at the first reasonable opportunity and delivered a written protest in accordance with rule 61.2 within the protest time limit in accordance with rule 61.3) and presented the facts in a protest hearing, she could expect the protest committee to conclude that: - A on port did not keep clear of B on starboard, and that A broke rule 10.
- B, outside overlapped at the zone did not give mark room to A, inside at the zone, and that B broke rule 18.2( b ).
- When A did not keep clear of B, she was taking mark-room to which she was entitled and may be exonerated under rule 18.5.
- It was not reasonably possible for A to avoid contact with B, and A did not break rule 14.
- B did not avoid contact with A when it was reasonably possible to do so and B broke rule 14, but, because there was no injury or damage, B shall not be penalised for breaking rule 14.
- No boat took a penalty in accordance with rule 44.
The protest committee could then be expected to decide that: - B is disqualified for breaking rule 18.2( b ).
- A is exonerated for breaking rule 10.
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