Rule Question – Windward v Leeward
July 23, 2009
Facts Presented
Boat A (GREEN) is close-hauled on starboard tack on the layline for the windward mark, but more than 6-7 boat lengths from the mark. Boat B (RED) is completely behind and to leeward but sailing a higher close-hauled course. Boat B is sailing much faster than Boat A and makes contact with Boat A’s port quarter. Boat B (RED) calls protest as Boat A (GREEN) luffs up.
What rules apply?
Who was at fault?
Windward/Leeward Situation
Analysis
Based on the facts presented this case is fairly simple. But as with most rules scenarios there is of course some wiggle room – and if I were the protest committee I would want a bit more information.
But from what I can tell Rule 11, 15, and 14 are all in play in this scenario.
Of course the protest hearing would start off with a bit of information gathering. At the very least I would want to know the size of the boats, the conditions, whether either boat hailed protest and did they fly a protest flag? I would want to know whether A (GREEN/WINDWARD) immediately began keeping clear when the boats became overlapped or if she waited until it was too late. I would want to know whether or not B (RED/LEEWARD) made any effort to avoid contact. Was there damage or injury from the contact?
Of given all that, from the way the facts are presented it appears to me that Boat B (RED) was sailing a higher course, and because of this she became overlapped to leeward from astern of Boat A (GREEN).
Of so let’s get into it.
I think many people struggle with the rules because they don’t recognize that there is a simple system for finding out the answers to rules questions. There are only FOUR rules that govern what happens with boats meet. In other words there are only FOUR RULES that govern right of way. Think I am crazy? Well that may be true, but so is the fact that there are four rules (10, 11, 12, 13) that clearly state who has right of way when two boats meet on the course. They never shut off, and best of all they can’t contravene. Meaning two can’t be in play at once. The rest of the rules in Part 2 of the rules are about LIMITING these basic rules. Don’t worry… we’ll get there.
Let’s start with Rule 11
11 ON THE SAME TACK, OVERLAPPED
When boats are on the same tack and overlapped, a windward boat shall keep clear of a leeward boat.
OK so that’s pretty clear. In our situation these two boats ARE on the same tack. and they ARE overlapped. So, windward must keep clear. Notice that some of the words are italicized. This means that the word is in the DEFINITIONS. These are important words.
So if that were the only rule in play then clearly A (GREEN/WINDWARD) would have fouled.
BUT! There are some limits on the right of way boat. Thank goodness too, or this whole game would be bedlam.
Rules 14, 15, 16 and 17 are the GENERAL LIMITATIONS that tell the boat that has right of way (established in rules 10, 11, 12, 13) what they can and can’t do.
So let’s keep this one going. Let’s start with 15.
15 ACQUIRING RIGHT OF WAY
When a boat acquires right of way, she shall initially give the other boat room to keep clear, unless she acquires right of way because of the other boat’s actions.
So this is saying that when you get the right of way you have to initially (NOTE: NOT defined) the other boat ROOM (defined) to keep clear (also defined). Initially means just that – initially. In different conditions that means different things. But I think it always means a very small window of time.
B (RED/LEEWARD) became that Right of Way (ROW) boat as soon as her bow crossed an extension of A’s (Green/WINDWARD) aftermost boat part (Transom, Rudder, Outboard Motor.)
So right then and there A needed to start keeping clear, and B needed to initially give her the room to do so. As it was described (and diagramed) this seems to be the case. Uh oh Green!
It should be pointed out that there is some protection in that “Initially.” The Windward boat is not required to anticipate that the overlap will happen. And therefore she is not required to start keeping clear until the overlap DOES happen. AND the leeward boat needs to be careful in these situations – because if she creates an overlap and windward immediately starts making an effort to keep clear (like luffing) and hits leeward, then it would likely be found that the leeward boat did not leave enough room initially for windward to keep clear.
This situation happens at the start line often. ISAF Case 53 helps us to understand this situation.
But in the case I don’t think that was the situation – at least not based on the facts presented.
Finally there is Rule 14.
14 AVOIDING CONTACT
A boat shall avoid contact with another boat if reasonably possible. However, a right-of-way boat or one entitled to room or mark-room (a) need not act to avoid contact until it is clear that the other boat is not keeping clear or giving room or mark-room, and (b) shall not be penalized under this rule unless there is contact that causes damage or injury.
So, it is necessary to read the whole rule – especially that last part. Even though the LEEWARD boat had right of way, she is required to avoid contact if reasonably possible. From the facts presented it was more than reasonably possible to avoid contact here. Of course, she doesn’t have to chicken out. And if there was no damage from the contact she can’t be penalized under this rule.
All that said… leeward should have avoided contact if she could. STOP HITTING EACH OTHER!
So, hopefully this little scenario helps to understand some basic right of way situations. I am sure there will be lots of questions that come from this – and I welcome them.
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