CAN Appeal CAN13
Rule 14, Avoiding Contact
When a right-of-way boat makes a reasonable attempt to avoid contact, she shall not be penalised under rule 14 even if her attempt is unsuccessful and the contact results in damage.
SUMMARY OF THE FACTS
PL and PW were approaching a windward mark on port tack. PL was sailing slowly and PW was overlapped on her windward quarter. S, sailing fast, was approaching the mark on the starboard tack lay-line, hailing ”Starboard.” When S was about one boat length from PL, PL hailed PW for room to tack and PW immediately responded. PL then started to luff. When S saw that PL was not going to keep clear she bore away to attempt to avoid a collision. However, PL was still on port tack when S’s bow collided with the starboard quarter of PL causing damage to both PL and S. The protest committee penalised both boats, PL for breaking rule 10 and S for breaking rule 14. S appealed.
DECISION
S’s appeal is upheld. PL failed to keep clear of S. PL broke rules 10 and 14 and was correctly disqualified. When it became clear that PL was not keeping clear, S was required by rule 14 to avoid contact with PL, if reasonably possible. S did attempt to avoid contact by bearing away at the last moment. While her attempt was not successful, S complied with rule14. The collision and resulting damage was caused by PL who did not hail PW under rule 20.1 soon enough for room to tack. S did not break rule 14 and her disqualification by the protest committee under this rule is reversed.
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