Q&A 2014-008

IRPCAS, Section II, Conduct of Vessels in Sight of One Another
There may be times when there is a legal requirement to display navigation lights, but failure to do so will not break a racing rule.
Situation
The event is a 90 miles offshore race, and the start is at 22.30hrs, after sunset. Weather conditions are clear sky with unrestricted visibility. The sailing instructions state that after 18.30hrs, the rules of Part 2 of the Racing Rules of Sailing are replaced by the right-of-way rules of the IRPCAS.

Two minutes before the start boat A on starboard tack and boat B on port tack are on converging courses. Neither boat changes course, and a collision occurs without serious damages. Boat B protest boat A for breaking a rule of the IRPCAS.
 
At the hearing, boat A declares that she did not change course because she was on starboard tack and therefore the right-of-way boat (RRS). Boat B declared that she did not change course because she could see the green side light displayed by boat A, and therefore she was the right-of-way boat (IRPCAS)
NOTE about the diagram: The display of lights in the diagram does not conform with the requirements for lights in that lights are missing on the sailboats as well as the anchored committee vessel, and the sectors (arcs) through which the lights are visible are not indicated.
 
Question 1
The Racing Rules of Sailing's preamble to Part 2, When Boats Meet, states that 'If the sailing instructions so state, the rules of Part 2 are replaced by the right-of-way rules of the IRPCAS or …'.
 
In the IRPCAS, the steering and sailing rules are in SECTION II CONDUCT OF VESSELS IN SIGHT OF ONE ANOTHER. This section does not require boats to display navigation lights, irrespective of the visibility conditions; Part C 'Lights and Shapes' imposes those obligations.

Are there any requirements that both boats display navigation lights?
 
Answer 1
Yes.
 
The sailing instructions state that the rules of Part 2 are replaced by the 'right-of-way rules' of the IRPCAS. As such the sailing instructions only incorporate IRPCAS Rules 4 to 19 (steering and sailing rules), and not IRPCAS rules 20 (Application) and 25 (Sailing vessels under way and vessels under oars). See ISAF Case 109.

RRS 48.1 incorporates the compliance with fog signals and lights as required by the IRPCAS 'when safety requires'. Safety would normally require compliance with these requirements after dark, but not necessarily at all times between sunset and sunrise.

There may be times when there is a legal requirement to display navigation lights, but failure to do so will not break a racing rule. However, as stated in Answer 6, safety will usually require lights to be displayed when other boats are in the vicinity, particularly at a starting line, where they are likely to make frequent changes of course.

Question 2
Rules 11 and 12 of Section II of the IRPCAS do not make reference to navigation lights. For the purpose of deciding who has right of way, the Racing Rules of Sailing makes reference to starboard or port tack, and the IRPCAS makes reference to which side the boats have the wind from.
Is boat A, with the wind on the starboard side and being on starboard tack, therefore the right-of-way boat and boat B not, since boat B has the wind on her port side, irrespective of the green side light seen by boat B (IRPCAS rule 12(a)(i))?

Answer 2
Yes.

Question 3
Does IRPCAS rule 12(a)(ii) apply in this situation irrespective of the green sidelight seen by boat B?

Answer 3
No, IRPCAS rule 12(a)(ii) does not apply, as the boats do not have the wind on the same side.
 
Question 4
The only reference to lights in IRPCAS SECTION II is made in rule 13, Overtaking. What would the situation have been if boat B were overtaking boat A?

Answer 4
IRPCAS rule 13 applies to sailing vessels as well; the overtaking vessel must keep out of the way of the vessel being overtaken.
This call is valid until: 2016-12-31
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