34. Facts found: Gutbucket was approaching a buoys-to-port windward mark on the port tack layline. He reached the two-length circle ahead of Tally-Ho who was coming in on starboard as shown at left. When Gutbucket completed his tack, Tally-Ho was about one boatlength directly astern of Gutbucket's transom. However, Gutbucket's crew was slow to bring the jib over and Gutbucket stalled at the mark.
	Tally-Ho did not see that Gutbucket had virtually stopped. At the last second, she luffed up but collided with Gutbucket's transom, causing considerable damage. Both filed valid protests - Tally-Ho under rule 18.3, and Gutbucket under rule 12 and rule 14.

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Ruling: When Gutbucket completed her tack with any part of her inside the two-length zone, she became subject to rule 18.3 because Tally-Ho was laying the mark. Since Tally-Ho was forced "to sail above close-hauled", Gutbucket broke rule 18.3 and is DSQ.

Gutbucket's protest under rule 12 (overtaking boat keep clear) is valid but Tally-Ho is exonerated under rule 64.1(b) since Tally-Ho's foul came as a direct result of Gutbucket's foul.

Gutbucket's protest under rule 14 is upheld. By her own admission, Tally-Ho was not keeping a good look-out. Tally-Ho could have - and should have - avoided the collision by luffing up more promptly. Tally-Ho is also DSQ.
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Al's note: My original scenario here was to have Tally-Ho not alter course at all and plough into Gutbucket's transom. But then, if you go strictly by the wording of rule 18.3, Gutbucket has committed no foul since she did not force Tally-Ho to

• sail above close-hauled, or
• prevent her from passing the mark

If I were protest committee, I would be tempted to rule that Gutbucket broke rule 18.3 anyway, since Tally-Ho would clearly have had to luff above close-hauled to avoid a collision. I think it would set a bad precedent to let Gutbucket off entirely when she clearly violated the intent of rule 18.3. I would then wait for Gutbucket to appeal and be most interested what the Appeals Committee would have to say.

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Case #34A
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