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Original Message -----
From:
Al Schonborn
To:
dleonard23
Sent:
Monday, January 21, 2002 9:12 PM
Subject:
old grubbie trying to re-learn the rules
Hi,
Dave:
I'm
trying to remember who it was at our AGM on Saturday that told me he'd
run
into you. How nice to hear from you! I'm supposed to be doing a heavy
German-English translation job with a serious deadline - but this makes
for a nice break since I always love to talk rules. Yours is a very
interesting case which I'll add to the site when I get the chance. The
first step after determining what actually happened is always to find
the Rule(s) that would apply. In this case, the basic rule is #11 which
reads:
11 On the Same Tack,
Overlapped
When boats are on the same tack
and overlapped,
a windward boat
shall keep clear
of a leeward
boat.
Then
we look for limitations on the right of way boat (i.e. leeward in this
case): Rule 17 states:
If a boat clear astern becomes overlapped within two of her
hull lengths to leeward of a boat on the
same tack, she shall not sail
above her proper course while they remain on
the same tack and overlapped within that
distance, unless in doing so she promptly sails astern of the other
boat. This rule does not apply if the overlap begins while the windward boat is required by
rule 13 to keep clear.
Thus
the key moment in your case was the relative position of the two boats
at the instant leeward established his overlap. If at that moment, he
was more than two his lengths to leeward of you, then 17 would not
apply and as leeward boat, he would have the right to "luff" you -
albeit within the limitations of 16.1 which reads:
16 Changing Course
16.1
When a right-of-way boat changes course, she shall give the other boat room to keep clear.
Of
course you might note that if he was sailing a converging course all
along and does not alter his course at all, 16.1 will not apply since
it only limits a right-of-way boat that actually changes course! In
that case, his only limitation is the overriding requirement to avoid a
collision as per Rule 14:
14 Avoiding Contact
A boat shall avoid
contact
with another boat if reasonably possible. However, a right-of-way boat
or one entitled to room or mark-room
(a) need
not
act to avoid contact until it is clear that the other boat is not keeping
clear or giving room
or mark-room, and
(b)
shall be
exonerated if she breaks this
rule and the contact does not cause damage or injury..
If
leeward was within two of his lengths of windward (i.e. you) at the
moment the overlap was established, then rule 17 does limit him but things are not
quite as clear cut. If it came to a protest, leeward would need to
convince the protest committee that he was sailing his proper course
which is defined as:
A
course a
boat would sail to finish
as soon as possible in the absence of the other boats referred to in
the rule using the term. A boat has no proper course before her
starting signal.
In
this case, leeward could argue that he was sailing high all along to
cut off a boat threatening to pass him to windward. If that is what he
was doing, then he has the right to expect you to keep clear, since if
you (the "other boats referred in the rule ...") had not been there, he
would most likely have sailed the very same course, i.e. high to cut
off the other windward threat. I suspect that, in practice, it might be
difficult to convince the average committee of this.
In
the end, it seems to me that this was one of the many cases in which
thinking ahead would have been very useful. If leeward was so worried
about the third boat, he should have cut up across your transom much
earlier (while he still could!) or, as you say, passed well to leeward
of you and then, cut up across your bow.
To
summarize: One of the interesting things about the new rules is that
there is no luffing rule any more: Rules 11, 16
and 17 cover it all. 11 gives
leeward the right-of-way while 16 and 17 place limits on what he may do
with those rights. That's all there is to it. By the way, in your
letter, you talk about sailing your proper course, but that
does not really enter into it. What it comes down to, is that leeward
was the right-of-way boat and you had to keep clear of him as long as
he stays within the limitations placed on him by Rule 17 and 16. In
fact, even if he breaks rule 16 or 17, you are still expected make a
reasonable effort to keep clear of of the leeward boat
The
rules are generally organized in this way: boats are right-of-way boats
because they are starboard, leeward or clear ahead and then there are
other parts of the rules that limit what the right-of-way boat is
allowed to do. A perfect example of this is the mark-room rule (18) which - contrary to a
misconception I held until a few years ago - does not
automatically make an inside boat entitled to room into the
right-of-way boat.
Picture
the end of the second reach of a buoys-to-port triangle. You are
approaching the mark with an inside overlap on a boat to leeward of
you. While mark-room applies, leeward remains the right-of-way boat but
his actions are limited by rule 18 such that he is not permitted to cut
you off, i.e. he must give you room to pass or round the mark. Windward
is not the right-of-way boat during all this however, and is
therefore only entitled to mark-room
as defined in the Rules.
In
other words, Windward is not permitted to take all the room he might
like - to make a tactical wide-and-close rounding - but rather just
enough to make a close-and-close seamanlike rounding. How much room
that is depends on the type of boat and the weather conditions. It
would be a judgment call by the Protest Committee. Surprising how few
racers - even the best ones - understand this!
Hope
this helps - and I'm really happy you're enjoying the site (as I
certainly am!) Let me know if you ever want to introduce your better
half to Wayfarers and borrow a boat for one of our events. I'm sure
something could be arranged - and we'd love to see "an old grubbie"!!
Speaking
of which, I expect you're aware that Mike Milner has a full-time job as
Director of Sailing (or some such) at none other than the RCYC!!!
There's Bronte Junior Grubbies everywhere!!
Best
regards,
Uncle
Al (W3854)
PS:
One last item, I believe the Rules no longer refer to free legs, off
the wind or downwind (which were always interchangeable as far as the
Rules were concerned), the only reference you'll get is stuff like
"except on a beat".
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