CASE 87

Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact
Definitions, Keep Clear

A right-of-way boat need not anticipate that the other boat will not keep clear.

Summary of the Facts
The angle of the starting line made it only just possible for a close-hauled boat on starboard tack to cross the line, and most boats approached on port tack. However, S approached on starboard tack from the right-hand end, continually hailing ‘Starboard’ to port-tack boats as they approached.
P1 and P2 bore off below S.
P3, however, made no attempt to avoid S and struck her amidships at right angles, causing considerable damage. The protest committee disqualified both boats, P3 under rule 10 and S under rule 14. S appealed.

Decision
Rule 10 required P3 to keep clear of S. Rule 14 required each boat to try to avoid contact with the other boat. In P’s case, rule 14’s requirement to avoid contact with S was consistent with the broader requirement of rule 10 that she allow S to ‘sail her course with no need to take avoiding action’ (see the definition Keep Clear).
In S’s case, she was entitled by rule 10 to have P3 keep clear of her, but at the same time she was required by rule 14 to avoid contact if it was ‘reasonably possible’ to do so. However, the second sentence of rule 14 allowed S to sail her course in the expectation that P3 would keep clear as required, until such time as it became evident that P3 would not do so. In this case, the diagram shows that P3 could readily have borne off and avoided S from a position very close to S. For that reason, the time between the moment it became evident that P3 would not keep clear and the time of the collision was a very brief interval, so brief that it was impossible for S to avoid contact. Therefore, S did not break rule 14 and her disqualification is reversed.

CYA 1994/105