Dynamo Hum vs. Holiday V
A starboard-tack boat that gybes and becomes a leeward boat does not thereby acquire right of way. A right-of-way boat failing to avoid contact when it was reasonably possible to do so breaks rule 14.
Facts and Decision of the Protest Committee
In 25 knots of wind during a downwind start, Holiday V (L), on starboard tack, crossed ahead of Dynamo Hum (W), on port tack, by two and one-half hull lengths. Within two hull lengths L gybed to port tack, clear ahead of W, but assuming a higher course so that the boats were converging. W, in the process of hoisting her spinnaker, did not see L’s maneuver, and did not appreciably change her course during the incident. Approximately ten seconds after the crossing of the boats there was contact. W’s spinnaker struck the shrouds of L and her boom hit L’s stanchions, causing considerable damage to W’s mast. W protested.
The protest committee found that L made no attempt to avoid contact with W and that in the wind conditions L gybed too close, thereby breaking rule 15. It disqualified her and she appealed.
March 1986
Decision of the Association Appeals Committee
The association appeals committee concluded that when L completed her gybe she was sufficiently clear of W and therefore she did not break rule 15. It disqualified W for failing to keep clear as required by rule 11. W appealed.
Decision of the Appeals Committee
Rule 15 did not apply because L held right of way under rule 10 (On Opposite Tacks) before she gybed and after that she continued to hold right of way, first under rule 12 (On the Same Tack, Not Overlapped) and then under rule 11. Rule 16.1 (Changing Course) applied because L was a right-of-way boat changing course, and L gave W room to keep clear. W failed to keep clear as required. However, since both L and W had the opportunity but failed to make any attempt to avoid contact and damage resulted, both are disqualified under rule 14.
W’s appeal is denied. The decisions of the association appeals committee and the protest committee are changed. W remains disqualified, but for breaking rule 14 in addition to rule 11, and L is also disqualified for breaking rule 14.
March 1986