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30.
Facts found: Rebel Some Assembly Required (port) and Rebel Afterburner (starboard) were closing in on a
windward mark to be left to starboard
in very shifty 5-10 knot winds. SAR was
crossing Afterburner and laying the mark
comfortably when SAR was about 3-4
lengths from the mark (see diagram at left).
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At
this point, a veered puff came in from the near-by shore, forcing SAR to bear off about 20° and lifting Afterburner by a similar amount shortly
thereafter. This left the boats in the position shown at left when SAR was about two and a half lengths from the
mark.
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Right
after this, Afterburner began to turn
into a tack and the boats ended up in the position shown at left.
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Afterburner then bore away to close-hauled and called starboard.
About two seconds later, he collided with Some
Assembly Required about 4 feet forward of the transom. There was no
damage. (Sorry! trouble with this diagram: Afterburner
should be shown in collision with SAR
here!)
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Decision:
Since the boats were beating and approaching the mark on opposite tacks, rule 18 (Buoy Room) did not apply, and rule 10 (opposite tacks) did. As right-of-way boat, Afterburner
had
his right to alter course limited by rule 16
(Changing Course) but SAR was not bound by rule 16. When Afterburner luffed up
about one length away from SAR, he changed course in a way that
did not leave SAR room to keep clear. He thus broke rule 16 and would be DSQ.
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Rule 14 was also broken and Afterburner was the
only one in a realistic position to avoid contact, but since there was no
damage caused by the contact, no penalty would be imposed.
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Case #31
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