CASE 03        

Rule 19.1, Room to Tack at an Obstruction
Rule 64.1(b), Decisions: Penalties and Exoneration

A leeward port-tack boat, hailing for room to tack when faced with an oncoming starboard-tack boat, an obstruction, is not required to anticipate that the windward boat will fail to comply with her obligation to tack promptly or otherwise provide room, nor is the leeward boat obliged to bear away below the stern of the starboard-tack boat.

Summary of the Facts S hailed PL as the two dinghies approached each other on collision courses. PL then twice hailed ‘Room to tack’, but PW did not respond. PL, now unable to keep clear of S, hailed a third time, and PW then began to tack at the same that S, which was within three feet (1m) of PL, had to bear away sharply to avoid a collision. PW retired and S protested PL under rule 10. The protest committee disqualified PL observing that, not having had a timely response from PW, she should have used her right to luff and forced PW to tack. PL appealed, claiming that: 1. she had no right to force PW onto the opposite tack; 2. even with both of them head to wind, S would still have had to change course to avoid a collision; and 3. she had foreseen the development and had hailed PW in ample time. Decision Appeal upheld. Having hailed three times, PL was entitled to expect that PW would respond and give her room to tack. She was not obliged to anticipate PW’s failure to comply with rule 19.1 or to bear away below the obstruction S. PL is exonerated as the innocent victim of another boat’s breach of a rule, under the provisions of rule 64.1(b).

RYA 1962/37