More Rules Questions – Rule 18.5(b)

March 13, 2009

185bThanks to everyone who has been sending in their rules questions.  I am responding directly to most of you, but some of your questions make for great blog fodder, so I hope you don’t mind if I use your questions (names withheld) to help others understand the rules a little better.

To the left is a diagram that shows two boats, both on starboard tack coming into a mark.  Prior to entering the Zone Red is the ROW boat because she is leeward (Rule 11).  Once they are in the Zone Green owes Red Mark Room.  Near the mark Red luffs in order to get around the mark, and in the process the two boats get pretty close together – but it appears as though Green is Keeping Clear.  At the mark Red bears away very hard and in the process her transom swings out and hits Green.

OK, so that is today’s set up, and it was spurred on by a rules conversation that I was invited to join by some Laser sailors on the Potomac River.  These little dinghies get pretty close together so this sort of situation happens all the time.  Heck…it happens all the time on bigger boats too – and there are bigger implications when that happens.  Keep reading to see what I mean.

Here was the questions I got this morning:

For the Rules ‘gurus’:

The following has happened to me a few times, so the scenario that I am about to sketch can’t be that unusual.  You may have experienced it as well.

Two dinghies, both on SB tack, are within the zone of the windward mark.  Overlapped, and the hulls (very) close together.  So close in fact that if I reach over (sideways), I can touch the gunwale of the other boat.  Both boats are about to round the mark, but the inside (leeward) boat is slightly ahead.  The leeward boat has rights (see below), but bears off sharply.  As a result, her stern swings out to the right and touches the windward boat.

Who is at fault?
Rule 11: A windward boat shall keep clear of a leeward boat
Rule 16.1: When a right-of-way boat changes course, she shall give the other boat room to keep clear
Rule 18.2 (a): When boats are overlapped the outside boat shall give the inside boat mark-room, unless rule 18.2(b) applies.

Definitions:

Mark-Room Room for a boat to sail to the mark, and then room to sail her proper course while at the mark.

Proper Course A course a boat would sail to finish as soon as possible in the absence of the other boats referred to in the rule using the term.

My ‘gut’ feeling is that the windward boat is OK, because the leeward boat made an unexpectedly sharp change in direction (Rule 16.1).

But my reading of the rules suggests, to me at least, that the leeward boat can round the mark as she pleases, because proper course may well be going sharply left (looking downwind) because of more pressure, or some other reason.

What’s your opinion?

So we have a pretty clear set up, and I think the diagram more or less shows this scenario.  The one rule that the writer left of is Rule 18.5(b).  This is the rule that deals with EXONERATION, and here is what it says:

18.5 Exoneration
When a boat is taking mark-room to which she is entitled, she shall be exonerated
(a) if, as a result of the other boat failing to give her mark-room, she breaks a rule of Section A, or (b) if, by rounding the mark on her proper course, she breaks a rule of Section A or rule 15 or 16.

So in more practical terms because the inside boat (Red) was entitled to Mark Room, she will be exonerated for having instigated the contact as she swiftly bore away – normally she would have to give Green Room to keep clear, and would therefore have to turn slower than she might otherwise like to. But because they are in the Zone, and because 18 is being applied, then under 18.5(b) she will be exonerated.

I think the take away here is that if you are the outside boat in a mark rounding situation be prepared to give the inside boat the Room she is entitled too (and then some).  Pushing the envelope at mark rounding can be fun, but it is a high risk low reward maneuver in my opinion.

It is important to point out that rule 18.5 does not exonerate any boat from Rule 14.  If in the scenario above the contact caused damage or injury then RED could be penalized for breaking Rule 14.  This is where the big boats should pay attention.  Bearing away quickly could easily cause damage to the Windward boat – especially in mixed fleets.

Junior sailors should also be aware.  This is an easy “gotchya” situation and one that if it was found you did on purpose could land you in a heap of trouble.  As well if you think they sailor inside of you is prone to antics (you know who they are) then give some extra room to make sure you are safe.

One final point.  During the conversation about this situation someone wrote:

“When bearing off around the mark, leeward’s turn need only be seamanlike, not courteous or considerate.”

While there is nothing explicitly written in the rules that sailors be courteous or considerate I think we all need to remember Paul Elvstrom’s quote: “You haven’t won the race, if in winning the race you have lost the respect of your competitors.”

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