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Answer:
W3654 is on starboard while W1366 is on port. Thus W3654 has the right
of way under rule 10. 3654 is
however,
subject to rule 16.1: Thus,
even if 3654 gets
a huge lift, the helm must be careful not to alter course in such a way
as to prevent 1366 from keeping clear. If the boats are close enough
together, such a course change by 3654 might easily make it impossible
to 1366 to keep clear, in which case 16.1
would apply.
If, in the photo above, there were a large veer (clockwise shift in the
wind direction) as often happens on small lakes for example, Starboard
(3654) would entitled to hold his course and Port (1366) would have to
keep clear. But Starboard would have to balance the natural urge to
sail higher in accordance with the new wind direction with her
obligation to make no course change that makes it impossible for Port
to keep clear. The moment Starboard changes course in such a situation,
rule 16 becomes a possible factor, and at the same time, it becomes
difficult or impossible to prove that Port would not have kept clear
even without Starboard's course change!
If I were protest committee in such a case, and Starboard admitted that
he changed course but then claimed that he would have collided with
Port regardless, I would be very tempted to stick with what we know:
Starboard changed course, Port was unable to keep clear. Therefore rule
16 was broken and Starboard was at fault.
Any other claim by Starboard - that the boats would have collided anyway
- would be mere speculation to some degree at least, and would not
carry much weight with me!!
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