CAN Appeal CAN38
Rule 15, Acquiring Right of Way
A boat need not anticipate a change in right-of-way.
SUMMARY OF THE FACTS
SW and SL were reaching on starboard tack and approaching the starting line to start. SL, who was moving faster than SW, hailed SW to ‘Go up’ when SW was three boat lengths ahead of her but, because SW did not respond, SL had to bear away before establishing a leeward overlap. Contact occurred almost immediately between SW and SL. The protest committee disqualified SL under rule 15 for not giving SW room to keep clear. SL appealed.
DECISION
The appeal of SL is dismissed. Rule 15 begins with ‘When a boat acquires right-of-way...’, thus this rule does not require a boat clear ahead to take any action until an overlap is established. In this case SL expected SW to start to keep clear before the overlap was established. Rule 11 applies immediately upon establishment of the overlap, but rule 15 limits the actions of SL when the overlap is first established. SL broke rule 15 and was properly disqualified.
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