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28.
Facts found: As
indicated in the diagram on the left, Able
Mabel (windward) and Lucky Luke
(leeward) were about to round a windward mark
to be left to port. The inside overlapped
boat, Abel Mabel asked for room to pass the mark but Lucky Luke did not give the requested room. Abel Mabel
finally forced room, colliding with
both Lucky Luke and the mark. The winds
were at 4 knots and there was no damage. Luke
and Mabel both protested.
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Decision:
Since the two boats were about to round the mark, rule 18 came into effect. Luck Luke was
mistaken in his impression that rule 18 does not
apply at a windward mark: Rule 18.1b states that the
need to give room does not apply (only!)
between boats on opposite tacks.
Since
Able
Mabel and Lucky Luke were not on opposite tacks, Rule 18 does apply in this situation and Lucky Luke was
required by rule 18.2(a), to give Able Mabel
room to pass the
mark. Since he did not do so, Lucky Luke is DSQ.
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Both
boats infringed rule 14 (avoiding contact) but are
not penalized for this since the contact caused no damage (rule 14b).
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Able
Mabel broke rule 31.1 by touching the mark,
but is exonerated under rule 64.1b since she was
wrongfully compelled to do so by Lucky Luke.
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Case #29
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