38. Facts found: Cripple Creek Ferry was passing Hot-Ruddered Bum to windward on the first reach. HRB luffed, but seconds later, CCF's helm called "Mast Abeam" because he was now forward of HRB's mast. The latter did not stop sailing above his proper course until the Ferry finally took Bum's wind and passed him.

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Ruling: The new (2001) rules state that, since Hot-Ruddered Bum, the leeward boat, had been clear ahead until he and Cripple Creek Ferry became overlapped, both boats were simply subject to rule 11 which states: "a windward boat shall keep clear of a leeward boat". The "Mast Abeam" rule that used to limit luffing rights is no longer with us. Since HRB complied with rule 16.1 by giving CCF "room to keep clear", HRB has broken no rule.

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Case #39
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