A boat is not required to anticipate that another boat will break a rule.
When a boat acquires right of way as a result of her own actions, the other
boat is entitled to room to keep clear.
Summary of the Facts
AS, a hull length to leeward and a hull length ahead of BP, tacked as
soon as she reached the starboard layline. Almost immediately she was
hit and holed by BP travelling at about ten knots. The protest committee
disqualified AS for breaking rule 15. It also disqualified BP under rule
2, pointing out that she knew AS was going to tack but did nothing to
avoid collision. BP appealed, asserting that she was not obligated to
anticipate an illegal tack.
Decision
Appeal upheld. BP is reinstated.
When AS passed through head to wind, BP became the right-of-way boat and
held right of way until AS assumed a close-hauled course on starboard
tack. At that moment AS, having just acquired right of way under rule
10, was required by rule 15 to give BP room to keep clear. BP took no
action to avoid a collision, but what could she have done? Given her speed
and the distance involved, she had perhaps one to two seconds to decide
what to do and then do it. It is a long-established underlying principle
of the right-of-way rules, as stated in rule 15, that a boat that becomes
obligated to keep clear by an action of another boat is entitled to sufficient
time for response. Also, while it was obvious that AS would have to tack
to round the mark, BP was under no obligation to anticipate that she would
break rule 15. BP broke neither rule 2 nor rule 14.
CASE 27
