Case 73
Rule 2, Fair Sailing
Rule 11, On the Same Tack, Overlapped
When, by deliberate action, L's crew reaches out and touches W, which action could have no other intention than to cause W to break rule 11, then L breaks rule 2.
W and L were overlapped on starboard tack beating towards the windward mark. The crew of L, who was on a trapeze, reached out and deliberately touched W's deck with a hand and intimated that W should retire. L protested W. The protest committee disqualified W under rule 11 and she appealed.

W's appeal is upheld; L is disqualified and W reinstated. Because L could sail her course with no need to take avoiding action and there was no risk of immediate contact had L changed course in either direction, W was keeping clear of L. Therefore, W did not break rule 11. The deliberate action of L's crew, which could have had no other intention than to disqualify W, broke rule 2. L is penalized for breaking rule 2, and therefore her score is changed to ‘Disqualification that is not excludable’.

GBR 1971/6
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