Q&A 2013-020

Rule 10, On Opposite Tacks
Rule 14, Avoiding Contact.
Rule 62.1b, REDRESS
Requirements to give redress.
Situation
Two dinghies, Port (P) and Starboard (S), on opposite tacks on a beat to windward in strong wind (more than 20 knots). The boats are on a collision course. P is holding her course and at the very last moment S tacked onto port in an attempt to avoid P. There was contact between the boats, but no serious damage. When tacking to avoid P, S capsized and in capsizing, the helmsman fell and damaged the tiller. After righting the boat, the tiller could not be repaired and the boat had to retire from the race. P made a two-turns penalty for breaking rule 10.

Question
Is S eligible for redress under rule 62.1(b), if she lodges a valid request for redress?

Answer
Rule 62.1(b) does not require physical damage (or injury) to have been caused directly by the boat that was breaking a rule of part 2. It is sufficient that any physical damage (or injury) was the probable consequence of the action of the other boat. For that to be the case, the protest committee would have to find facts leading to conclusions that:
 • a collision was probable, and S took avoiding action as soon as it was clear that P was not keeping clear,
 • the capsize and falling were the result of P not keeping clear and not the result of poor seamanship by S, and
 • the tiller was previously in good condition If the protest committee were not satisfied on all these points, S would be at least partially at fault, and therefore not entitled to redress.
This call is valid until: 2016-12-31
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