A Soling, S, and a 505, P, in separate races, approached the same mark on opposite tacks. Unknown to P, which was lowering her spinnaker and hardening up to leave the mark to port, S was required to leave it to starboard and was preparing to do so.
P heard no hail and was unaware of S's presence until the boats were in the positions shown in the diagram, at which time P's crew saw S. He shouted a warning and leaped out of the way just as S's bow struck P's hull behind the mast, causing damage.
P protested S under rule 14
on the grounds that S could have avoided the collision. S and two witnesses testified that S did not at any time change her course before the collision. S, protesting under rule 10
, claimed that if she had changed course she would have broken rule 16.1
The protest committee disqualified P under rules 10
. P appealed.
P, as the keep-clear boat, failed to keep a lookout and to observe her primary duties to keep clear and avoid contact. She broke both rule 10
and rule 14
. An important purpose of the rules of Part 2 is to avoid contact between boats. All boats, whether or not holding right of way, should keep a lookout, particularly when approaching a mark. If P had done so she would have become aware of S's presence sooner and been able to avoid the collision.
did not apply because S and P were not required to leave the mark on the same side (see rule 18.1
When it became clear that P was not keeping clear, S was required by rule 14
to act to avoid contact with P (see rule 14
(a)). Before the positions shown in the diagram it became clear that the boats were on converging courses and that P was not keeping clear. At that time S could have luffed and avoided contact with P. Such a change of course by S would have given P more room to keep clear and would not have broken rule 16.1
. The contact caused damage. Therefore, S broke rule 14
and, because the contact caused damage, she was not exonerated by rule 43.1
(c) andmust be penalized (see rule 64.2
P was correctly disqualified under rules 10
. S is also disqualified, for breaking rule 14