CASE 14        

Rule 11, On the Same Tack, Overlapped
Rule 14, Avoiding Contact
Rule 17.1, On the Same Tack; Proper Course
Definitions, Proper Course

When, owing to a difference of opinion about a leeward boat’s proper course, two boats on the same tack converge, the windward boat must keep clear. There can be more than one proper course.

Summary of the Facts After rounding the windward mark in light wind, the fleet divided, some boats sailing inshore out of the tide and others remaining offshore in the hope of a better wind. W chose to stay offshore while L decided to go in. L established a leeward overlap on W from clear astern and overtook W. When the boats were level, L laid a course to get inshore, luffing slowly and informing W of her intention. W replied: ‘You have no right to luff, you cannot come in.’ L hailed W that she was sailing a proper course and that W should keep clear. The discussion took some time. L changed course very gradually, and at no time did W suggest that she was unable to keep clear. When the boats touched, both protested. The protest committee disqualified L under rule 17.1 for sailing above her proper course, and she appealed.

Decision
When, owing to a difference of opinion on the proper course to be sailed, two boats on the same tack converge, W is bound by rule 11 to keep clear and by rule 14 to avoid contact.
The case illustrates the fact that there can be more than one proper course. The basis for W’s protest was that L, having established a leeward overlap from clear astern within two of her hull lengths of W, sailed above her proper course. L’s defence and counter-protest were that the course she was sailing was, for her, a proper course and that W had broken rule 11. Which of two different courses is the faster one to the next mark can not be determined in advance and is not necessarily proven by one boat or the other reaching the next mark ahead. L could have avoided contact with W. By not doing so, she broke rule 14, but is not penalized because the contact caused no damage.
The appeal is upheld, and W is disqualified under rules 11 and 14. L is reinstated.

RYA 1966/3