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----- Original Message -----
From:
Al Schonborn
To:
dleonard23
Sent:
Monday, January 21, 2002 9:12 PM
Subject:
Re: 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 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 17.1 states
17
On the Same Tack; Proper Course
17.1 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 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 17.1 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 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
(a) need not act to avoid contact until it
is clear that the other boat is not keeping
clear or giving room, and
(b) shall not be penalized unless there is
contact that causes damage.
If
leeward was within two of his lengths of windward (i.e. you) at the moment
the overlap was established, then 17.1 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:
Proper Course 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
might have sailed the very same course, i.e. high to cut off the other windward
threat. I suspect that, in practice, it might be very hard 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 17.1 cover it all. 11 gives
leeward the right-of-way while 16 and 17.1 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 must keep clear of him as long as he stays within the
limitations placed on him by Rule 17 and 16.
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 buoy 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 buoy 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 room as defined in the Rules:
Room The space a boat needs in the existing
conditions while manoeuvering promptly in a seamanlike way.
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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