Facts and Protest Committee Decision

At position 1, three J/105s, S, PA and PB, were racing upwind, with S on starboard tack and PA and PB on port tack. At position 2, S bore away to avoid contact with PA. PA took a penalty.

When S luffed after avoiding PA, she was on a collision course with PB (position 3). Due to the proximity of the boats, PB was unable to keep clear of S either by tacking or by maintaining her course. S promptly bore away
to avoid contact and hailed “Protest!”

The protest committee disqualified PB for breaking rule 10. PB appealed.

Decision
At position 2, S could continue to sail the course she was sailing with no need to take action to avoid PB; therefore PB was keeping clear (see the definition Keep Clear). At position 3, after S luffed, the boats were on collision courses, and PB was unable to keep clear of S either by tacking or maintaining her course. S needed to change course to avoid contact with PB.

When S, the right-of-way boat, changed course between positions 2 and 3, rule 16.1 required her to give PB room to keep clear. By promptly bearing away and avoiding PB, S complied with her obligation to give PB room.

Because S needed to change course to avoid PB, PB broke rule 10. However, she is exonerated for that breach by rule 43.1(b) because she was sailing within the room to which she was entitled under rule 16.1. PB’s appeal is upheld and she is to be reinstated.

See also Case 146.

USSA 2019/120