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  • Matt,

    Yes, any of those alternatives could change the conclusion because each would change the relevant facts.

    Today 21:33
  • RRS 60.2(a)(1) If the protestor is a boat, she shall hail 'Protest' and, if her length is more than 6 meters, conspicuously display a red flag, at the first reasonable opportunity for each.  She shall display the red flag until she is no longer racing.  

    As a protestor you are required to hail protest and also required to display a red flag if applicable as read above, deviation from these requirements can/should render any subsequent protest as invalid unless subject to other parts of RRS 60.  
    Today 20:41
  • Ang I as well .. was just trying to clearly describe where/how the ambiguity resides that you pointed out. 

    And I appreciate it.

    (Why do I suddenly feel like I'm Charlie Brown and you're Lucy holding the ball! <g>). 

    I never called you a blockhead.
    Today 19:26
  • Thomas ..
      Both Case 77 and Case 91 when taken together imply your answer I think.   Both pertain to the obligations of a keep clear boat when  the equipment of the ROW boat is out of its normal position. 

    A boom swinging from the starboard to port side is a boom operating in its normal operating positions.   A KC boat sailing DDW so close along side a ROW boat that if the ROW boat flops her boom over, without ROW changing course, that the boom hits part of the KC boat .. the KC boat has not kept clear IMO.  

    In other words, a ROW boat that has to prevent their boom from moving fully to the port side to avoid contact with a KC boat has executed "an avoiding action" IMO.  

    I think this is affirmed in the negative when you read the cases I linked to above.  In those cases they discuss the obligations of a KC boat when equipment is or moves out of its normal location.  

    IMO, unless there is a case that says otherwise, there should be nothing unexpected about a boat sailing DDW on port-tack flopping her main over such that she is sailing on starboard-tack. A KC should be keeping enough space between them to allow that.
    Fri 22:18
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