Approaching a windward mark to be left to port on port tack on a close reach, Flood Tip (B) was clear astern of three overlapped port-tack boats, Bad Moon (I) on the inside, The Dumpster (M) in the middle, and mr. happy (O) on the outside. At the mark, I tacked to starboard on a course to the offset mark. The other two overlapped boats, M and O, continued past the mark on close-hauled courses and then began to luff as part of their tacking maneuvers. In the meantime, B, sailing faster, rounded the mark and overlapped M to windward. After passing the mark, B was changing course away from M. M stopped her luff when she reached head to wind. Had she continued her tacking maneuver, M would have been hit approximately amidships on her port side by B. M protested B.
The protest committee disqualified B, concluding that she was obligated to give mark-room to M until M had completed her tack, which was part of her rounding maneuver. B appealed.
Decision of the Appeals Committee
While B was clear astern of M, B was required by rule
12 (On the Same Tack, Not Overlapped) to keep clear and by rule
18.2 (b) to give mark-room. When they became overlapped, B was required by rule
11 (On the Same Tack, Overlapped) to keep clear. The protest committee erred in thinking that B was required by rule
18.2 (b) to give mark-room to M until M completed her rounding maneuver. Mark-room did not include room to tack because M was not overlapped to windward and on the inside of B (see the definition
Mark-Room).
When B became overlapped with M, M had left the mark on its required side and had room to sail up to head to wind which was as far as she could change course without passing head to wind. Therefore B had given M mark-room and rules
18.2 (b) and
18.2 (c) had ceased to apply (see rule
18.2 (d)). Furthermore, If M had passed head to wind, rule s
18.2 (b) and
18.2 (c) would have also ceased to apply (see rule s
18.1 (a) and
18.2 (d)) , and rule
13 would have begun to apply. Because M did not pass head to wind, rule
13 did not apply. Neither B nor M broke a rule.
B's appeal is upheld. The decision of the protest committee is reversed and B is reinstated in her finishing place.
June 2006