W was overtaking L in sub-planing conditions on a close reach. L luffed slightly, the helmsman's back making contact with W just forward of the shroud. At this point the hulls were about an arm's length apart. Neither boat took a penalty. W protested L under rule 2
. The protest committee disqualified L under rule 2
, stating that W was correctly trimmed with full sails and her crew sitting by the leeward shroud. "Contact", it continued, "could only have been made if L's helmsman was sitting out flat." In the prevailing conditions this was significantly beyond the normal sailing position required." L appealed.
L's appeal is upheld; she is reinstated and W disqualified under rule 11
. In Case 73
it is clear that L's crew deliberately touched W with the intention of protesting her out of the race. In this case there was no such deliberate action by L. There is no rule that dictates how a helmsman or crew must sit and, in the absence of deliberate misuse of his positioning, no breach of rule 2