A and B were International Dragons. A was approaching the shore close-hauled on starboard tack, clear ahead and on a track to leeward of B. A hailed for room to tack, and B replied “You tack.” A tacked and B held her course. A was then on a collision course with B and tacked again. Both of A's tacks were made in a normal, seamanlike way. After A's second tack she was overlapped to leeward of B. Shortly afterwards B tacked and A did likewise. A protested B for not giving room as required by rule 20.2(c).

The protest committee concluded that B failed to give A “room to tack and avoid her”, and disqualified B, stating that she had “failed to keep clear of A after her tack.” B appealed.

B's appeal is upheld, and she is to be reinstated. A's actions show that she had room to tack and avoid B. B therefore met her obligation under rule 20.2(c).

It is important to distinguish a requirement to keep clear from a requirement to give room. When a boat with right of way is required to give another boat room for a manoeuvre, right of way does not transfer to the boat entitled to room. After A tacked onto port tack, B was not required to keep clear of A; instead, it was A that was required by rule 10 to keep clear of B. B was only required by rule 20.2(c) to give A room to tack and avoid B, and B did so.

GBR 2001/11