Case #67 answer
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----- Original Message ----- 
From: Al Schonborn 
To: ken.grimson@gb.abb.com 
Sent: Friday, December 20, 2002 12:04 PM
Subject: Rules questions part 2
 

Hi at last, Ken:

I've been busy so it has taken a while to get back to you. Sorry. Will (attempt to) answer below in red. Best wishes for a happy Christmas and a fine year of sailing in 2003!

Uncle Al (W3854)

----- Original Message ----- 
From: ken.grimson@gb.abb.com 
To: uncle-al@cogeco.ca 
Sent: Wednesday, December 04, 2002 8:11 AM

Al

... Happy for you to use this incident as an example...
Great. Will post soon and edit out the parts that make you feel dumb - although I think your questions are very intelligent and show a wonderful interest in the intricacies of our Rules.

... Another question your explanation raised for me is when the rules talk about leaving a mark "on the same side" does it refer to boat's side or the mark's side? ( I have always assumed boat's)
That is my assumption, also. As I believe I mentioned last time, the old Rules talk talk about the rule applying to boats about to pass/round on the "same required side" which to me says either buoys to port or buoys to starboard. Any other interpretation would result in chaos!

On a totally different point- I am finding the wording/punctuation of Rules 18.1 (a) and 19.2 slightly confusing in relation to the period after the Preparatory Signal (when not approaching the line to start):

18.1 ......However, it does not apply
(a) at a starting mark surrounded by navigable water or at its anchor line
from the time the boats are approaching them to start until they have
passed them,

19.2  Rule  19.1  does not apply at a starting mark surrounded by navigable
water  or  at  its  anchor line from the time boats are approaching them to
start  until  they  have  passed them or at a mark that the hailed boat can
fetch. When rule 19.1 applies, rule 18 does not.

Does  the  phrase  "from  the  time the boats are approaching them to start until they have passed them" refer to the mark and the anchor line?
Yes.

A  Race Committee boat is always (I believe?) both a mark and an obstruction... 
An RC boat that is part of the start or finish line is always a mark and usually an obstruction - whether something qualifies as a obstruction depends on its size and the size of the boat approaching it - see Obstruction definition: "Obstruction An object that a boat could not pass without changing course substantially, if she were sailing towards it and one of her hull lengths from it..." So, a 10-foot inflatable RC boat could be an obstruction to an Opti but not likely to an America's Cup contender.

- so can a leeward boat hail for room to tack when not approaching the line to start if there is a risk of colliding with it or its anchor line? 
In my nearly 50 years of racing, I have not seen this done although I expect that it is theoretically legal. Remember that the start area tends to be very crowded and that the boat you want to hail may well be blocked from tacking herself so that, by the time, she can give you the room to tack, it would be too late to do you any good. You would have to call for room to tack so early that you might as well pass to leeward of the leeward end of the line since there is no real reason/need for you to cross the line if it is difficult to do so and you still have lots of time before the start (since you're not approaching the line to start).
 

I have seen  it stated in Bryan Willis' book "The Rules in Practice" that there is no right to room to tack "whether or not the boats are approaching the line to  start".  
Far be it from me to argue with a published expert like Bryan Willis - I think we used to race against his wife in Wayfarers! She usually beat us!! - but I see nothing in the text of Rule 19 that would support such a statement. But, as I mentioned above, calling for room to tack before the start seems to be more trouble than it's worth. There is always a better alternative that causes less grief to all concerned.

I  am  confused  because 18 seems to give the right to room at obstructions, including room to tack or gybe if required, ...
The preamble to Rule 18 actually states: "In rule 18, room is room for an inside boat to round or pass between an outside boat and a mark or obstruction, including room to tack or gybe when either is a normal part of the manoeuvre." 

What this means is that you are only entitled to tack around the mark (or rarely an obstruction - when the mark is also an obstruction because it is big enough) if you are an "inside boat" but not if you are clear ahead - i.e. Let us say that for some reason, you are sailing a course where you are beam reaching to a mark where you have to tack while turning 180 degrees and reach back the other way (we get this occasionally on small lake courses). If you have an inside overlap on another boat as you begin your turn, the above quoted rule allows you to tack, but if you are just barely clear ahead of the other boat, you are not entitled to tack, i.e. you are subject to rule 13 (the tacking too close rule). Few racers understand this distinction.

... and 19 uses the same  wording  as  18.  Rule 19.1 would thus seem to me to apply within the preparatory period. 
I think you are absolutely correct in that interpretation! But remember, it would rarely be practical or worth it - perhaps in match racing???

I guess it depends on the punctuation in the sentences and how you interpret them. Unless the phrase "or at a mark that the hailed boat  can  fetch"  is the clincher and this overrides the other statements. So,  if the windward boat can't fetch the RC boat you would have the right to hail for room to tack. (Have I answered my own question here!!)
Rule 19 never applies while boats are approaching the line to start - Imagine the chaos as 40 boats line up side by side to start close-hauled on starboard, and the guy at the leeward end was able to call for room to tack - it would theoretically have to be passed on until you got to the windward-most boat by which time it would be far too late to do the leeward boat any good. Besides, the purpose of the rules is to prevent chaos not create it. Allowing such a call would screw up the whole start for many people who have otherwise earned the right to a good start. Hence the rule the way it is.
If - and only if - a mark other than the starting mark is big enough to also qualify as an obstruction, then you can call for room to tack around it unless the windward boat whom you are asking for room can fetch (lay) that mark. Then you are not entitled to "room to tack" from that boat. This is what that part of rule 19.2 means which says: "Rule 19.1 does not apply at a starting mark or its anchor line surrounded by navigable water from the time boats are approaching them to start until they have passed them or at a mark that the hailed boat can fetch."  I think a comma after the words "passed them" might indeed make it clearer that 19.1 does not apply in either of these two different situations.

If  there is an anchor line stretching out in front of the RC vessel due to wind and/or tide effects, does this mean that it is not "surrounded by navigable water".
No!!! What they mean is that a boat physically is unable to sail on the other side of such a mark and any anchor line that may be present. There could, for example, be shallow water on the other side that would be not navigable. Alternatively, it could be something like we occasionally did in junior sailing where one end of the line was a pier which quite obviously is not surrounded (i.e. entirely surrounded!) by navigable water, in fact it's not surrounded by water at all!

Sorry if this all sounds very confused - I am!
It can be confusing - and is to all of us racers at times, but this is a good way to know more - study the wording and talk it out. I have certainly learned from this discussion. What you see again and again in the appeals is that they go through the exact wording of the rule in great detail and its every shade of meaning, and base the decisions on this. A fine example of the pickiness required when reading our rules (which they are trying to keep short but packed with significance and meaning), is that preamble to Rule 18 above which gives the rights to an "inside" boat which in turn implies that other boats (i.e. clear ahead) do not have them. 99.9% of even the top racers would not catch that subtlety until they were forced to seriously study it for a protest - even then, they miss it a lot of the time!!

PS I'd be grateful if, when you use any of these points as examples, you leave out any of my obviously stupid comments & questions.
You know, I can't find a single "stupid comments and questions" in your letter. You'd have to let me know what you'd like expurgated since they all seem valid and well thought out! 

Best regards, 

Uncle Al (Wayfarer 3854)

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Case 68
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If you have any Rules questions or scenarios that you'd like me to clarify,
I'd love to hear them and add them to this quiz!
Just contact Uncle Al at uncle-al@cogeco.ca