Rule 11, On the Same Tack, Overlapped Rule 15, Acquiring Right of Way
A boat clear ahead need not anticipate her obligation to keep clear before
being overlapped to leeward from clear astern.
Summary of the Facts
Thirty seconds before the starting signal, W was nearly wayless, her sails
flapping. At least three hull lengths prior to becoming overlapped to
leeward, L hailed ‘Leeward boat’. W took no evasive action. Immediately
after she became overlapped, L had to bear away to avoid contact with
W; meanwhile, W began to trim sails and head up. L protested. The protest
committee found that W, having been given adequate warning of the impending
situation, failed to keep clear of a leeward boat, thereby breaking rule
11. W appealed asking: ‘Does W, under rules 11 and 15, have an obligation
to anticipate becoming overlapped to leeward to the extent of having to
gather sufficient way to be able to respond once the overlap has been
established?’
Decision
Allowing adequate time for response, when rights and obligations change
between two boats, is implied in rule 15 by its requirement to allow a
newly obligated boat ‘room to keep clear’. This rule does not require
a boat clear ahead to anticipate her requirement to keep clear as a windward
boat before the boat clear astern becomes overlapped to leeward.
If L had not borne away immediately, she would have broken rule 15. Since
W at once trimmed sails, headed up, and thereafter kept clear, she fulfilled
her obligations under rule 11. Appeal upheld; neither boat broke any rule.
CASE 53
