When two boats are running on opposite tacks, the starboard-tack boat may change course provided she gives the port-tack boat room to keep clear.
Facts
After sailing alongside P for some time on port tack, S gybes to starboard tack without breaking rule 15. Both boats continue to sail parallel courses. About two minutes after her gybe S begins to luff. P does not respond to the luff and the boats touch at position 3. There is no damage or injury.
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Questions
At the time of the contact, does rule 15 still apply? Does S break rule 16?
Answers
S as the starboard-tack boat has right of way under rule 10, and P as the port-tack boat must keep clear. Rule 15 applies only briefly after S becomes the right-of-way boat, but rule 16.1 continues to limit how S may change course. S may luff provided that she does so in a way that gives P room to keep clear, and P must be prepared to react promptly, if necessary by gybing, to continue to keep clear. Rule 16.2 does not apply because, although the boats are on opposite tacks, P is not sailing to pass astern of S. Since P has room to keep clear of S by responding promptly when S luffs, S does not break rule 16.1. P does not keep clear and does not avoid contact with S. P therefore is to be penalized for breaking rules 10 and 14.
S also breaks rule 14 because, after it became clear that P was not keeping clear, S could have avoided the contact. However, because there was no damage or injury she is exonerated by rule 43.1(c).
DEN 2005
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