CASE 07        

Summary of the Facts
About 200 yards (200m) from the mark, L established a leeward overlap on W from clear astern. L was less than two of her hull lengths from W. The two boats then sailed alongside each other, about one-and-a-half hull lengths apart, until they were 80 yards (80m) from the mark. At this point, L luffed slightly to lay the mark, a luff that did not affect W. W, not sailing below her proper course, maintained a steady course. L never became clear ahead. W’s boom touched L’s shroud, although without damage, and L protested under rule 11. L’s protest was dismissed, and she was disqualified on the grounds that she had not allowed W enough room to fulfill her obligation to keep clear as required by rule 15. L appealed.

Decision
Appeal upheld. When L established a leeward overlap from clear astern, W became bound by rule 11 to keep clear of L. At the same time, L was bound by rule 15 to allow W room to keep clear, but that obligation is not a continuing one, and in this case the overlap had been in existence for a considerable period during which nothing had obstructed W’s room.

L was justified in changing course to approach the mark, provided that she did not sail above her proper course; it is L’s proper course that is the criterion for deciding whether she broke rule 17.1. According to the agreed diagram, L at no time sailed above her proper course. L was also subject to rule 14, but since there was no damage, she cannot be penalized if she broke that rule. W is disqualified under rule 11, and L is reinstated.

RYA 1963/10