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23. Facts found: Gammel Dansk (leeward) and Gator Aid (windward) were
sailing a parallel course upwind. Gammel
Dansk was outpointing Gator
Aid but the two boats were equal in speed. At position 3, it
became clear to Gator Aid
that she would collide with Gammel
Dansk if she did not tack away. At position 4, Gator Aid tried to tack away but
touched Gammel Dansk’s
hull before she became head-to-wind. Both protested.
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Decision:
Gator
Aid
claimed that Gammel Dansk
did not give her room
to keep clear
under rules 15 and 16 but these
rules did not apply since
- rule 15 only applies in the few seconds
right after a
boat acquires right of way
- rule 16 only limits course changes by a
right-of-way
boat - and Gammel Dansk
did not change course
Since the
collision took place before Gator
Aid reached head to wind, she did not break rule 13 (While Tacking) but rather rule 11 (windward/leeward). Gator Aid is DSQ under rule 11. Gammel
Dansk was in no position to avoid the collision and did not
break rule 14.
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PC's
note:
Once Gator Aid got as
close as she did to a leeward boat, her only escape was to slow down
(pinch up, luff sails gently) until the leeward boat pulled ahead.
There is nothing in the rules that defends from protest, a boat that is
dumb enough to put herself into a hopeless position (e.g. barging,
forcing buoy room, or the situation described in Case 23). Gator Aid should have taken
avoiding action sooner!
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case #24
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