John A .. ok .. let me try to understand the hand/foot argument. 

Take that crew holding the boat and standing on the bottom. They bend their legs at the knees and are now hanging-still holding onto the toe-rail. Is that person now breaking 42?  (How is a swimmer to return to the boat?)

If not, why?  
If so, are we then saying you can put your entire body in the water .. but not your hand?  Can't crew sit on the rail and have their feet touch the water?

Tony,

The situation you presented is something we see a lot in the ILCA, Opti and few other classes.
In my opinion, the move by Yellow is not very well thought out. 

First, in the absence of very adverse current of major wind shift, and even then, why would a boat want to sail through a fleet of oncoming boats, blocking the air. 
Second, Yellow is putting herself in position that she may get DSQ, if proper protest is filed.

Let me explain: In your scenario, under R 13, Yellow gives away her ROW to Blue and has to keep clear of Blue. Blue, as the ROW, can sail her course with no need to take avoiding action and…
When Yellow achieves her close-haul course, she re-gains her ROW and R 15 turns ON.

Since R 15 is in the Section B (General Limitations) it injects a time factor (initially) to when Yellow can claim her full ROW on Blue and by embedding two Definitions; Room and Keep Clear.

Room: The space a boat needs in the existing conditions, including space to comply with her obligations under the rules of Part 2 and rule 31, while manoeuvring promptly in a seamanlike way.

Blue now has to be manoeuvring promptly in a seamanlike way. When she cannot do so in a seamanlike way, she has not been given room as required by rule 15. (Case 24).
In your scenario, I will argue that Blue has absolutely no way out to avoid a collision with Yellow while manoeuvring promptly in a seamanlike way.

If Blue luffs up, she is even closer to the path of Yellow. If Blue turns down to jibe, Blue will expose her Port side to Yellow’s bow. In fleet racing , hard luff and crash jibe are not considered seamanlike way maneuvers.

At this point the Blue will ‘Protest’ Yellow under R 15. 
Yellow’s best action is to tack back to Port as soon as she is aware of Blue’s location. That may keep Yellow out protest room and avoid a collision.

So, as I said initially, not a smart move on the part of Yellow. Double tacking (down speed) in traffic and very little air does not win any races.

As a bonus, and we see that a lot too, add other boats to either side of Blue. Blue has no place to go while manoeuvring promptly in a seamanlike way.
Kim

 

 

 

Phil, How do you conclude that W was not required to act to avoid contact until it became clear that L was not keeping clear?

L was the right of way boat.  She was not  required to keep clear.

W was not entitled to room.

Niko: I like your "the RC should always work to have an appropriate level of management commensurate with the competition level/importance" comment.

There is one event that may partner and I run every year ... the Warneet Around French Island race. While Monica runs the briefing giving numerous examples of the flags used during the start sequence there is usually an America's Cup skipper sitting quietly and respectfully at the back of the room with his family or mates. At the other end of the spectrum we have some who have NEVER raced before or perhaps doing their second race since last year.

During this race I tend to be very chatty on the radio to be sure that even those with the least experience have a great day on the water.

One boat in his first year actually missed the starting line, but we considered him a starter. The next year his missed the finishing line but we gave him a finish regardless. He was so pleased that he got the start right the second year ;-)

That said, it is quite a different matter if I am running a one-design race.

Jim Champ Reply to: 22039 - John Quirk: furthermore, in CASE 50, in the first sentence, it actually uses the term "genuine and reasonable apprehension" (this of course a standard used by courts with applications for an arrest in connection with non-bailable offences), and in the second sentence 'reasonable doubt' (again, a well-tested legal / court term). Quite some complexity for a competitor and PC to become acquainted with :).