CASE 12        

Rule 11, On the Same Tack, Overlapped
Rule 18.1, Rounding and Passing Marks and Obstructions: When This Rule Applies
Rule 18.2(a), Rounding and Passing Marks and Obstructions: Giving Room; Keeping Clear: Overlapped – Basic Rule
Definitions, Keeping Clear and Overlap

In determining the right to room at a mark, it is irrelevant that boats are on widely differing courses, provided that an overlap exists at the relevant time.

Summary of the Facts OL and IW were approaching a mark to be left to starboard. The winds were light and there was a 2-knot current in the same direction as the wind. IW, which had sailed high on the course to the mark to offset the effect of the current, approached it with the current, almost on a run. OL, on the other hand, had been set to leeward and, at position 1, about two hull lengths from the mark, was beating slowly against the current. IW twice hailed for water, and OL twice replied ‘You can’t come in here.’ At the last moment shortly after position 3 in the diagram, as IW luffed to begin her passing manoeuvre, OL tried to give her room but the two dinghies made contact. There was no damage. OL protested under rule 11 but was herself disqualified under rule 18.2(a). She appealed, asserting that it was illogical and beyond the intention of the definition Overlap and of rule 18 to consider as overlapped two boats whose headings differed by 90 degrees. She also asserted that the purpose of rule 18 was to protect a boat in danger of hitting the mark that was unable to go astern of the outside boat. She further argued that throughout IW’s approach to the mark until she finally luffed, she was easily able to pass astern of OL, and that IW was not an ‘inside’ boat until a moment before contact.

Decision
Appeal dismissed. OL’s disqualification is confirmed. The boats were about to leave the mark on the same required side and were on the same tack, and so rule 18 applied. The boats were overlapped at all relevant times and therefore rule 18.2(a) applied, modifying rule 11 by requiring OL to give IW room. OL did not give room, and so is disqualified under that rule. She also broke rule 14, as she could have avoided contact. IW broke rule 11, but is exonerated under rule 64.1(b) as she was compelled to do so as a result of OL’s failure to give room. IW also broke rule 14, as she too could have avoided contact, but is not to be penalized, as there was neither damage nor injury.

RYA 1964/19