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JimC
Really should get out more Joined: 17 May 04 Location: United Kingdom Online Status: Offline Posts: 6649 |
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Topic: Try this one... Posted: 06 Jun 13 at 4:44pm |
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Port is approaching starboard on a beat, and has altered course to pass behind starboard. Normal rule 10/16.2 situation. When very close to starboard port observes that starboard's mainsheet has fallen out of the (self draining) boat and is trailing behind starboard for a couple of boat lengths. Starboard is unaware of this.
At this stage port can not crash tack without capsizing and will not succeed in bearing away beyond the length of the mainsheet. 1) What should port do? 2) If port touches the mainsheet, either with or without avoiding action, should either or both boats take a penalty, and if so which? 3) If port does not attempt to evade the mainsheet and it catches on some part of ports boat, causing both boats to have to stop and maybe capsize to sort things out then should either or both boats take a penalty, and if so which? [fortunately situation 3 didn't occur] Edited by JimC - 06 Jun 13 at 4:47pm |
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Lukepiewalker
Really should get out more Joined: 24 May 06 Location: United Kingdom Online Status: Offline Posts: 1340 |
Post Options Quote Reply Posted: 06 Jun 13 at 5:21pm | |||
That's a good question...
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Ex-Finn GBR533 "Pie Hard"
Ex-National 12 3253 "Seawitch" Ex-National 12 2961 "Curved Air" Ex-Mirror 59096 "Voodoo Chile" |
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Lukepiewalker
Really should get out more Joined: 24 May 06 Location: United Kingdom Online Status: Offline Posts: 1340 |
Post Options Quote Reply Posted: 06 Jun 13 at 5:24pm | |||
Case 91?
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Ex-Finn GBR533 "Pie Hard"
Ex-National 12 3253 "Seawitch" Ex-National 12 2961 "Curved Air" Ex-Mirror 59096 "Voodoo Chile" |
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Lukepiewalker
Really should get out more Joined: 24 May 06 Location: United Kingdom Online Status: Offline Posts: 1340 |
Post Options Quote Reply Posted: 06 Jun 13 at 5:26pm | |||
Case 77?
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Ex-Finn GBR533 "Pie Hard"
Ex-National 12 3253 "Seawitch" Ex-National 12 2961 "Curved Air" Ex-Mirror 59096 "Voodoo Chile" |
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Lukepiewalker
Really should get out more Joined: 24 May 06 Location: United Kingdom Online Status: Offline Posts: 1340 |
Post Options Quote Reply Posted: 06 Jun 13 at 5:30pm | |||
From Case 77 It looks like Starboard failed to avoid contact, but would be exonerated because no damage occured, and Port would be exonerated because they could not reasonably be expected to avoid contact with the equipment out of it's normal position.
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Ex-Finn GBR533 "Pie Hard"
Ex-National 12 3253 "Seawitch" Ex-National 12 2961 "Curved Air" Ex-Mirror 59096 "Voodoo Chile" |
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RS400atC
Really should get out more Joined: 04 Dec 08 Online Status: Offline Posts: 3011 |
Post Options Quote Reply Posted: 06 Jun 13 at 6:31pm | |||
Unless Port wants to protest starboard for preventing him from keeping clear, he should either shout at starboard to pull his sheet in, or sail on and see what happens.
Suppose starboard had deliberately trailed his sheet in order to put port at a disadvantage? If you are very quick at knots, tie a bucket to it? |
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Rupert
Really should get out more Joined: 11 Aug 04 Location: Whitefriars sc Online Status: Offline Posts: 8956 |
Post Options Quote Reply Posted: 06 Jun 13 at 9:34pm | |||
If deliberate, it would be the same as pulling a bowsprit out to hit a boat crossing narrowly in front - very against the rules. If accidental, I still can't see how Port can be expected to avoid?
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Quagers
Far too distracted from work Joined: 24 Oct 06 Location: United Kingdom Online Status: Offline Posts: 279 |
Post Options Quote Reply Posted: 06 Jun 13 at 10:29pm | |||
You are expected to avoid equipment out of its normal position if it has been that way for a while. Eg. Boat snaps a spin halyard and the kite drapes over another boat, thats ok. But if someone goes trawling with their kite and it has been that way for a while you should avoid it.
I guess in this case you would claim you couldn't have seen it until it was too late. This is all assuming it is accidental, if deliberate toss starboard under R2. < id="adlesse_unifier_magic_element_id" style="display:none;">
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Brass
Really should get out more Joined: 24 Mar 08 Location: Australia Online Status: Offline Posts: 1146 |
Post Options Quote Reply Posted: 07 Jun 13 at 12:08am | |||
Based on Case 91. Nicely put.
Agree that Case 77 says that the right of way boat, whose gear accidentally and unexpectedly moved out of normal position broke rule 14 by causing contact that she could have avoided, but is exonerated because there is no injury or damage.
Based on the scenario in Case 77 I'm not real comfortable with the conclusion that A 'caused' contact, nor that the 'cause' of the contact is relevant to whether rule 14 is broken or not. If I was hearing a protest like this I would be thinking very carefully about whether it was reasonably possible for the right of way boat to have prevented or not allowed her gear to get out of normal position.
In this case, Port is not exonerated: becasue it was not reasonably possible to avoid contact she never broke rule 14 in the first place.
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Brass
Really should get out more Joined: 24 Mar 08 Location: Australia Online Status: Offline Posts: 1146 |
Post Options Quote Reply Posted: 07 Jun 13 at 12:22am | |||
I really can't understand this enthusiasm to go grubbing for rule 2, in a case where the OP clearly said it was unintentional
Case 73 is the case about deliberately making contact, and the test it sets is quite high: there must be 'no other intention' than to cause a breach of the rules.
You should also be aware of the RYA Appeal that is the companion to Case 73
RYA 1999/5
When a give-way boat is already breaking a rule of Section A of Part 2 by not keeping clear, deliberate contact does not necessarily break rule 2. Edited by Brass - 07 Jun 13 at 12:22am |
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