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32. Facts found: In 10 knots of breeze, BoredSailor was approaching the
windward mark of a buoys to starboard course on starboard tack on a
collision course with All's Well
who was approaching on port tack as shown at left. All's Well informed BoredSailor that BoredSailor would not have the
right to tack in this situation.
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BoredSailor, however,
tacked at the mark as shown on the left. All's Well was forced to bear
away violently to avoid contact with BoredSailor. All's Well lodged a valid
protest.
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Decision:
The
mark-room provisions of rule 18
did not apply here since the boats were beating and on opposite tacks (18.1a). Instead, rule 10 (opposite tacks), and rule 16 (changing course) applied until BoredSailor
passed head to wind. At this point BoredSailor
became subject to rule 13 (While
Tacking). BoredSailor
infringed rule 13 since she did
not keep clear
of All's
Well
while tacking. The protest is upheld.
NOTE:
Even if BoredSailor
should complete her tack without infringing rule 13, she would still be subject to
rule 18.3 which places severe
restrictions on a boat tacking in(to) the zone
as follows:
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"18.3 Tacking when approaching a Mark
If two boats were approaching a mark on opposite tacks and one of them changes tack, and as a result is
subject to rule 13 in the zone when the other is
fetching the mark, rule 18.2 does not thereafter apply. The boat that
changed tack
(a) shall not cause the other boat to
sail above close-hauled to avoid her or prevent the other boat from
passing the mark on the required side, and
(b) shall give mark-room if the other
boat becomes overlapped
inside her."
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Case #33
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