Regatta: Local club race
Boats: Fareast 28r (28ft, gennaker)
Weather: no waves (the spot is close to windward shore), wind 14 -16 kts, gusts up to 20 kts
Two one design boats round the windward mark one by one with interval of several seconds, both on the starboard tack.
The boat that rounds the mark first (Boat 1) bears off deep enough to protect the leeward position, so the boat that was rounding the mark after it (Boat 2) has no option but to stay in a windward position behind.
Boat 1 proceed to set the gennaker and Boat 2 was not able to set the gennaker because the gennaker was taken down on- previous leg on starboard side. While busy with the gennaker setup, the Boat 1 miss the moment when the Boat 2 catch it up and blankets the wind, within 10 seconds two boats sail together side by side. Windward (boat 2) gradually passes the Leeward (boat 1). When the bowsprit of the Leeward (Boat 1) was around half the length of the Windward (boat 2), the Leeward (boat 1) has finished setting the gennaker and now try to go sharper to the wind in order to fill the gennaker with air, the windward boat keeps clear, still the gennaker of the leeward (boat 1) has no air. The distance between the boats is around half length (14 ft). The leeward (boat 1) takes decision to go a bit more sharper to the wind. In about 3 seconds (GPS data) the gust comes and the leeward (boat 1) broaches - goes windward sharply and hits the windward (boat 2). The boats continue to go alongside touching each other, bowsprit of the Leeward (Boat 1) stuck in lifelines of the Windward (boat 2), leeward (boat 1) can't bear off, in about 15 seconds the bowsprit of the leeward boat crashes and the leeward bears off.
Nobody was injured, the leeward (boat 1) has damage - broken bowsprit. There was a touch between the boats
Rules concerned 11, 14, 16.1, 17
As I understand there are 2 primary rules concerned in this situation:11. ON THE SAME TACK, OVERLAPPED
When boats are on the same tack
, a windward
boat shall keep clear
of a leeward
When a right-of-way boat changes course, she shall give the other boat room
to keep clear
still what rule should prevail is not clear for me in this case. I inevitably end up with conclusion that either Boat 1 (Leeward) has no right for accidental broach in this situation, or boat 2 (windward) has to predict what might happen...
I would appreciate your comments as to the situation described.