Good day, or evening, to you all.
To clarify my mind, and also to find an easy way to explain rule 15, would you agree on this sentence:
"if boat A has to maneuvre to ""keep clear"" from boat B, right after boat B became ROW by her own action, it means that boat B broke rule 15" ?
15 requires the newly ROW boat to initially give the newly Keep Clear boat an opportunity and room to keep clear.
So, if the KC boat can immediately alter course in a seamanlike way, meet her other obligations under Part 2 and 31 and keep clear, the ROW has given her that room.
If the maneuver requires the KC boat to crash tack or gybe for instance, or break another rule relative to another boat or touch a mark, then that is not giving room to keep clear.
Doing that for someone learning the rules has benefits beyond just 15, as it becomes the foundation for mark-room, 16, and other rules as well.
To illustrate, let’s look at the classic boat overtaking to leeward. A boat overtaking is give way up and until the moment she establishes an overlap to leeward. Once she does, because she established the overlap, she’s subject to 15. If at that moment the give way windward boat cannot maneuver without making contact (see the definition of keep clear, specifically (b) in the definition), then the boat acquiring ROW has broken 15.
My comment, therefore is correct, but incomplete. ROW doesn’t break 15 if she gives room, but she would in my scenario if she either doesn’t or is unable to.
Though I agree the answer is “no” to the OP question, I really prefer my description better since 15 uses “room”.
I don’t see “damage” as a criteria, but rather the keep clear boats ability to [maneuver in a seamline way and] meet her obligations under Part 2 and RRS 31 (which obviously includes RRS 14 as one aspect).
Well, also thank for making me focus on the definition of "room" and "keep clear".
The word "keep" make (made) me think this way: if i have to keep something, i must have it before hand. So my way of reading RRS 15 is (was) that A should give B a space equivalent to keep clear, and then B should "keep" that condition.
Now you say A should leave only "room" to allow B to put herself in a "keep clear" condition. Right? So the discrimination would now be if the action of keeping clear was seamanlike.... difficult to ascertain.
Thank you all for your replies.
Rule 15 ACQUIRING RIGHT OF WAY is referenced in 10 cases. 2, 7, 13, 24, 27, 53, 81, 93, 105, 117
As rule 15 uses the definitions room and keep clear you should also read cases that interpret those definitions.
Case 88, A boat may avoid contact and yet fail to keep clear, has a good discussion about keep clear and is worth reading.
L becomes RoW boat immediately, but is subject to rule 15.
W must respond promptly once the overlap is established, but is not required to anticipate.
If W does respond promptly but there is contact with L (or there is no contact but W is required to make an unseamanlike manoeuvre), then L has failed to give room and breaks rule 15.If W could have kept clear, but either respnds too slowly, or not enough, or over rotates and cause cntoact then W has broken rule 11.
If, for example, W has no steerage way, and cannot luff she may sheet in to accelerate. If in doing so, because fo the characteristis of hull and keel, she intially makes leeway and there is contact then L has not given enough room
Thanks to Mark, reminding me of the case book. Case 24, is very clear about "responding prontly".
So that's it; so for the PC, in a hearing, should determine wether the prompt action taken by the boat that acts to keep clear, was, or was not, made in a seamanlike way. Tough.