Between the preparatory and starting signals, Ephesian on starboard tack and Jupa on port tack approached each other head-to-head. Both boats were heavy keelboats, 33 feet (10 m) long. Neither boat was aware of the other. On each of the boats, the crew member who normally would have been stationed by the forestay was handling the genoa, and no other crew members were keeping a lookout. Ephesian was moving slowly with limited manoeuvrability. They collided, causing serious damage to Jupa, who therefore retired. In the resulting protest, Jupa was disqualified under rule 10, and Ephesian was disqualified under rule 14. Ephesian appealed, claiming that she could not have avoided Jupa by changing course or speed.

Rule 14begins ‘If reasonably possible, a boat shall avoid contact with another boat.’ This requirement means a boat must do everything that can reasonably be expected of her in the prevailing conditions to avoid contact. This includes keeping a good lookout while sailing in the starting area during the starting sequence, a time when boats are often close to one another and frequently change course.

The protest committee concluded that if either boat had seen the other a collision could have been avoided, even at the last minute, particularly if Ephesian had hailed Jupa when it was clear that Jupa was not changing course to keep clear. Until that moment, rule 14 allows a right-of-way boat to delay acting to avoid contact. It follows that at that moment she must begin to act in an effort to avoid contact. The word “act” is not restricted to changing course or speed. Hailing was an action that Ephesian could and should have taken. Ephesian broke rule 14(a). Because the collision resulted in damage, Ephesian was not exonerated by rule 43.1(c) and the protest committee's decision to disqualify her was correct. Her appeal is therefore dismissed.

Clearly, Jupa broke rule 10 and  14(a). As a result of the serious damage she suffered in the collision, she retired from the race and thus took the applicable penalty (see rule 44.1(b)). Rule 60.5(c)(5) prohibits penalizing her further. The disqualification of Jupa is reversed and she is to be scored RET.

GBR 2004/6