[Not an actual protest...]
J 70 class; Race 5 of 8; 50 boats in the race
- Wind speed was 10kts, flat sea
- Goofy, Bumper, Barge and Underdog were reaching on port tack to mark 2 (to be left to port)
- Mark 2 was laid 9m from a solid rock next to shore (The width of a J70 is 2,25 m)
- To round the mark, boats needed to pass between mark 2 and the rock
- Goofy was overlapped inside and to windward to Bumper which was overlapped inside and to windward to Underdog when Bumper reached the zone as the first boat.
- At that time, Bumper and Underdog were bow to bow with 2,5 m lateral distance. Goofy was half a boat length behind and 1m away from Bumper
- Barge was overlapped outside and to leeward to Goofy and 0,5m clear astern of Bumper and Underdog, when Goofy entered the zone.
- Just after entering the zone, Barge sailed in the gap between Bumper and Underdog and became overlapped with both of them. At that time Goofy was 2 boat lengths from mark 2.
- All boats continued to sail overlapped towards mark 2 with decreasing space between them.
- When Goofy was abeam of the mark the space between any of two boats was 20cm and so was the space between Goofy and the mark.
- Slightly thereafter, Underdog hit the rock with it's starboard bow, striking a whole in the hull of 1m diameter and causing the boat to luff 10 degrees
- Barge luffed in response but made immediate contact with Underdog and Bumper
- Bumper luffed and made immediate contact with Goofy, which luffed as well and hit the mark
- Underdog sank and could not be recovered during the regatta. She retired from race 5
- None of the other boats took a penalty.
Conclusions and decision anyone?
Indeed that doesn't seem to be good R/C practice ;-) . However, as the obstruction could also be an anchored boat, the scenario is likely to happen. Would anyone penalize the inside boat at mark 2 (Goofy)?
And still according to the drawing, where could Underdog escape? She is within the zone, really no room to jibe.
In both options, I'd say the 3 requirements for redress are being met:
Failing to do so, she broke 18.2.b and 18.2.c. Plus 14, and may be 2
I think the underlying original problem has been missed! Surely this is an RO error? With the mark so close to the rock it should have been a starboard passing mark then this problem would not have occured? What does it say in the NOR, SI's about mark 2?
I'm interested in the obstruction: Surely it's a "continuing obstruction".
The land mass is an obstruction by definition; it appears to satisfy the requirement of "continuing"; and is not the rock simply a part of the obstruction?
Conclusions and Rules that Apply
Right of Way
A. Ba, overlapped to windward on the same tack, did not keep clear of U. Ba broke rule 11.
B. Bu, overlapped to windward on the same tack, did not keep clear of Ba. Bu broke rule 11.
C. G, overlapped to windward on the same tack did not keep clear of Bu to leeward. G broke rule 11.
Room to keep clear
D. U, a right of way boat changing course did not give Ba room to keep clear. U broke rule 16.1
E. Ba, a right of way boat changing course did not give Bu room to keep clear. Ba broke rule 16.1.
F. Bu, a right of way boat changing course did not give G room to keep clear. She broke rule 16.1.
With respect to the rock:
G. Ba, overlapped outside, did not give U room to pass between her and the obstruction. Ba broke rule 19.2.
At the time the overlap between Ba and U began Ba could readily have luffed, if necessary requiring Bu and G also to luff. Ba is not excused by unable to give room when the overlap began. That she may have broken rule 18.2 in doing so, does not make her ‘unable’.
H. Bu, overlapped outside, did not give Ba room to pass between her and U, an obstruction, being a right of way boat. Bu broke rule 19.2
At the time the overlap between Bu and Ba began Bu could have luffed, if necessary requiring G also to luff. Bu is not excused by unable to give room when the overlap began.
I. G, overlapped outside, did not give Bu room to pass between her and Ba, an obstruction being a right of way boat. G broke rule 19.2.
At the time the overlap between G and Bu began G could have luffed, if necessary above the mark. G is not excused by unable to give room when the overlap began.
With respect to the mark
J. Bu, overlapped outside G at the zone did not give G mark-room. Bu broke rule 18.2( b ).
K. G touched the mark. G broke rule 31.
L. Ba, clear astern when Bu reached the zone, did not give Bu mark-room. Ba broke rule 18.2( b ).
M. Once Ba obtained an inside overlap to windward of U from clear astern (just before reaching the zone), there was insufficient space for four J70- boats to pass abreast between the mark and the rock, and U was not required to give mark-room to Ba in accordance with rule 18.2( f ). U did not break rule 18.2( b )
Rule 14
N. Once all four boats got between the mark and the rock, it was not reasonably possible for any of them to avoid contact. No boat broke rule 14.
Exoneration
O. G was sailing within the mark-room to which she was entitled. She shall be exonerated for breaking rule 11, but not for breaking rule 19.2, in accordance with rule 21.
Rule 21 does NOT provide exoneration for breaking rule 19.2.
P. G was sailing within the mark-room to which she was entitled and was compelled to break rule 31 by Bu’s breach of rule 18.2( b ). G shall be exonerated for breaking rule 31 in accordance with rule 21.
Q. Bu was sailing within the mark-room to which she was entitled, which included room to give G mark-room. Bu shall be exonerated for breaking rule 11, but not for breaking rule 19.2, in accordance with rule 21.
R. Ba was sailing within the mark-room to which she was entitled, which included room to give Bu mark-room. Ba shall be exonerated for breaking rule 11, but not for breaking rule 19.2, in accordance with rule 21.
S. U was sailing within the room to which she was entitled under rule 19.2. She shall be exonerated for breaking rule 16.1 in accordance with rule 21.
T. Ba was compelled to break rule 16.1 by U’s breach of rule 16.1. Ba shall be exonerated for breaking rule 16.1 in accordance with rule 64.1( a ).
U. Bu was compelled to break rule 16.1 by Ba’s breach of rule 16.1. Bu shall be exonerated for breaking rule 16.1 in accordance with rule 64.1( a ).
V. Ba was compelled to break rule 18.2( b ), by U’s breach of rule 16.1. Ba shall be exonerated for breaking that rule in accordance with rule 64.1( a ).
W. Bu was compelled to break rule 18.2( b ), by Ba’s breach of rule 16.1. Bu shall be exonerated for breaking that rule in accordance with rule 64.1( a ).
X. Ba was compelled to beak rule 19.2 by Bu’s breach of rule 19.2. Ba shall be exonerated for breaking that tule in accordance with rule 64.1( a ).
Y. Bu was compelled to break rule 19.2 by G’s breach of rule 19.2. Bu shall be exonerated for breaking that rule in accordance with rule 64.1( a )
Only one rule breached without exoneration.
G broke rule 19.2 and was not exonerated
Redress
Z. U was physically damage because of the action of Ba breaking rule 19.2. U’s score was made significantly worse through no fault of her own. U was entitled to redress.
AA.It was readily foreseeable, in a fleet or 50 boats that three or four boats might be overlapped at Mark 2, and that there was insufficient space between Mark 2 and the rock. Placing Mark 2 10m north, south or west of the position it was placed in would have prevented this problem. Placing Mark 2 in the position where it was, was an improper action by the race committee. U’s score was made significantly worse through no fault of her own by this improper action of the race committee. U was entitled to redress.
BB.There being no evidence that Ba or Bu’s scores were made worse by the incident it cannot be concluded that they are entitled to redress.
CC. G’s score will be made significantly worse by her penalty for breaking rule 19.2, and the placement of Mark 2 contributed to that, but G could have luffed to windward of Mark 2, and, at a tactical cost (which might then have been subject to redress), have avoided the serious damage and sinking of U. There was fault of G’s own, and G is not entitled to redress.
Decision
G is disqualified in Race 5.
U is given redress being average points for races 1 to 4, in races 5 to 8.
IMO, U should have luffed and closed the door on Barge before the o/l was established, and should also have yelled a lot, and should have luffed to avoid the rock, even if that resulted in contact with other boats, rather than hitting the rock. But as it is, it is clear that Barge's late-established o/l caused the problem.
The drawing does not show that U ever luffed to force the issue with Barge and the remaining outside boats under 19.
I do not think a "solid rock next to shore" is a continuing obstruction. That might be different if the obstruction was a rocky point that was part of the shoreline at least when it became necessary for U to change course to avoid it. As a result, IMO both 18 and 19 apply.
Because Barge established her inside o/l after U reached the zone, I would DSQ Barger for failing to give U mark room, as required by rule 18.2, and failing to give U obstruction room, as required by 19. But I am mindful of the
exception in 19.2(b) may let Barge off the hook for the latter offense, but she still failed to stay clear of U as she rounded the mark. (And I always thought that this exception only applied when it was the inside boat that established the o/l, but not when an outside boat established the o/l.)
And kudos to Heiko for coming up with this interesting and challenging scenario.
I disagree with John Allen. Contrary to his FF/Conclusions/Decision, the description and drawing shows that G had a substantial o/l on Bumper at the zone, so it is clear that Bumper was obligated to give G room at the mark under rule 18.2.
The drawing does not show that U ever luffed to force the issue with Barge and the remaining outside boats under 19.
I do not think a "solid rock next to shore" is a continuing obstruction. That might be different if the obstruction was a rocky point that was part of the shoreline at least when it became necessary for U to change course to avoid it. As a result, IMO both 18 and 19 apply.
Because Barge established her inside o/l after U reached the zone, I would DSQ Barger for failing to give U mark room, as required by rule 18.2, and failing to give U obstruction room, as required by 19. But I am mindful of the exception in 19.2(b) may let Barge off the hook for the latter offense, but she still failed to stay clear of U as she rounded the mark. (And I always thought that this exception only applied when it was the inside boat that established the o/l, but not when an outside boat established the o/l.)
Rule 19.1 says 'at a continuing obstruction rule 19 always applies and rule 18 does not'.
So, if the mark itself is not a continuing obstruction (say it's a laid buoy), rule 18 will apply UNLESS the mark is AT a nearby object that is a continuing obstruction.
In the OP scenario, and supposing that the obstruction was a continuing obstruction, would there be any doubt that rule 18 applied if there were just two boats approaching the mark?
Now we have four boats closely overlapped near the obstruction: do we agree that the inside boat is at the obstruction, and that each boat overlapped outside her is required to give room at the obstruction and is therefore also at the obstruction?
If G is at the obstruction and has or is about to hit the mark, is there any doubt that G is at the mark?
If G is at the mark,and G is at the obstruction, is the mark at the obstruction, and thus rule 18 switched off?
JA said, "Do you mean 'Ba failing to give G mark-room'?" Opps, meant 'Ba failed to give U mark room,' which Ba was obligated to do b/c Ba was not o/l with U when U reached the zone.
IMO, the incident was caused b/c Ba forced her way into the gap between Bu and U, in violation of 18.2(b). In addition, Ba did not meet the definition of keep clear b/c U could not change course w/o immediate contact w/ Ba.
But I still think that U should have been yelling and screaming before Ba established the o/l. And if he had done so, Bu and G might have known what was happening and been able to take action to avoid the incident.
On the larger point, I do not see anything in the rules that creates precedence for rule 19 to override rule 18, when the obstruction (the rock) is not a continuing obstruction.
I also think that 19.2(b) does not apply to Ba, b/c for Ba, U IS a continuing obstruction, and when Ba established her o/l w/ Bu and U, there was not room for Ba to keep clear while passing between Bu and U. And IMO, it is unlikely that Ba could establish by testimony that there was 2.5 meters between U and Bu when Ba established the o/l. FWIW, 0.25 meters = 10 inches
It also seems that for Bu, G was a continuing obstruction under the definition of obstruction and rule 18.2(b). Similarly, for Ba, Bu was also a continuing obstruction b/c she was required to keep clear of her under 18.2(b). Unfortunately, Ba was btween two continuing obstrctios b/c she was obligated to keep clear of Bu under 18.2(b), and U because of 19.2(b). But as suggested above, I don't think Ba had rights over Bu b/c I don't think there was enough room between U and Bu for Ba to pass between them without breaking a rule when Ba established her o/l.
IMO, G was never "at the obstruction" b/c she was never in a position where she was obligated to "change course substantially" or at all to avoid it.
JA said, "Do you mean 'Ba failing to give G mark-room'?" Opps, meant 'Ba failed to give U mark room,' which Ba was obligated to do b/c Ba was not o/l with U when U reached the zone.
IMO, the incident was caused b/c Ba forced her way into the gap between Bu and U, in violation of 18.2(b). In addition, Ba did not meet the definition of keep clear b/c U could not change course w/o immediate contact w/ Ba.
See my previous question: in what way did Ba fail to give U mark-room?
I agree that Ba, to windward, did not keep clear of U, See my conclusion A, but in conclusion T, I concluded that ' Ba was compelled to break rule 16.1 by U’s breach of rule 16.1. Ba shall be exonerated for breaking rule 16.1 in accordance with rule 64.1( a )'.
But I still think that U should have been yelling and screaming before Ba established the o/l. And if he had done so, Bu and G might have known what was happening and been able to take action to avoid the incident.
I also think that 19.2(b) does not apply to Ba, b/c for Ba, U IS a continuing obstruction, and when Ba established her o/l w/ Bu and U, there was not room for Ba to keep clear while passing between Bu and U. And IMO, it is unlikely that Ba could establish by testimony that there was 2.5 meters between U and Bu when Ba established the o/l. FWIW, 0.25 meters = 10 inches
Even if U were a continuing obstruction, that would have no effect on Ba's obligation to give U room to pass between Ba and the rock under rule 19.2
That conclusion M incorrectly stated:"Ba obtained an inside overlap to windward of U from clear astern (just before reaching the zone)", and concluded that U was required to give Ba mark-room in accordance with rule 18.2.
The question then is, did Ba fail to give U mark-room?
If so, referring to the words in the Definition Mark-room and Room, in what way did Ba fail to give U mark-room?
A.
I think this might be rare when an obstruction is this close to a mark, but it can also happen when gate marks are set too close together.
Because this is a safety issue, I think the rulemakers should address the situation.
Conclusion M should be changed to read
On review, I see that my conclusions H and I are wrongly worded. They would have been OK under the 2013 rules, but are no longer correct because of new rule 19.1( b ), which says
The correct wording for these conclusions is:
H. Bu, overlapped outside, did not give Ba room to pass between her and the obstruction, such room including room for Ba to give room for U to pass between Ba and the obstruction. Bu broke rule 19.2
I. G, overlapped outside, did not give Bu room to pass between her and the obstruction, such room including room for Bu to give Ba room for U to pass between Ba and the obstruction and room for . Bu broke rule 19.2
Corrected Conclusions and Rules that Apply
Right of Way
A. Ba, overlapped to windward on the same tack, did not keep clear of U. Ba broke rule 11.
B. Bu, overlapped to windward on the same tack, did not keep clear of Ba. Bu broke rule 11.
C. G, overlapped to windward on the same tack did not keep clear of Bu to leeward. G broke rule 11.
Room to keep clear
D. U, a right of way boat changing course did not give Ba room to keep clear. U broke rule 16.1
E. Ba, a right of way boat changing course did not give Bu room to keep clear. Ba broke rule 16.1.
F. Bu, a right of way boat changing course did not give G room to keep clear. She broke rule 16.1.
With respect to the rock:
G. Ba, overlapped outside, did not give U room to pass between her and the obstruction. Ba broke rule 19.2.
At the time the overlap between Ba and U began Ba could readily have luffed, if necessary requiring Bu and G also to luff. Ba is not excused by unable to give room when the overlap began. That she may have broken rule 18.2 in doing so, does not make her ‘unable’.
H. Bu, overlapped outside, did not give Ba room to pass between her and the obstruction, such room including room for Ba to give room for U to pass between Ba and the obstruction. Bu broke rule 19.2
At the time the overlap between Bu and Ba began Bu could have luffed, if necessary requiring G also to luff. Bu is not excused by unable to give room when the overlap began.
I. G, overlapped outside, did not give Bu room to pass between her and the obstruction, such room including room for Bu to give Ba room for U to pass between Ba and the obstruction and room for . Bu broke rule 19.2.
At the time the overlap between G and Bu began G could have luffed, if necessary above the mark. G is not excused by unable to give room when the overlap began.
With respect to the mark
J. Bu, overlapped outside G at the zone did not give G mark-room. Bu broke rule 18.2( b ).
K. G touched the mark. G broke rule 31.
L. Ba, clear astern when Bu reached the zone, did not give Bu mark-room. Ba broke rule 18.2( b ).
M. Ba, clear astern when U reached the zone then overlapped inside did not give U mark-room to sail her proper course to the next mark. Ba broke rule 18.2( c )(2)
N. Once all four boats got between the mark and the rock, it was not reasonably possible for any of them to avoid contact. No boat broke rule 14.
Exoneration
O. G was sailing within the mark-room to which she was entitled. She shall be exonerated for breaking rule 11, but not for breaking rule 19.2, in accordance with rule 21.
Rule 21 does NOT provide exoneration for breaking rule 19.2.
P. G was sailing within the mark-room to which she was entitled and was compelled to break rule 31 by Bu’s breach of rule 18.2( b ). G shall be exonerated for breaking rule 31 in accordance with rule 21.
Q. Bu was sailing within the mark-room to which she was entitled, which included room to give G mark-room. Bu shall be exonerated for breaking rule 11, but not for breaking rule 19.2, in accordance with rule 21.
R. omitted.
S. U was sailing within the mark-room to which she was entitled under rule 18.2( c ), and the room to which she was entitled under rule 19.2. She shall be exonerated for breaking rule 16.1 in accordance with rule 21.
T. Ba was compelled to break rule 16.1 by U’s breach of rule 16.1. Ba shall be exonerated for breaking rule 16.1 in accordance with rule 64.1( a ).
U. Bu was compelled to break rule 16.1 by Ba’s breach of rule 16.1. Bu shall be exonerated for breaking rule 16.1 in accordance with rule 64.1( a ).
V. Ba was compelled to break rule 18.2( b ) with respect to Bu, by U’s breach of rule 16.1. Ba shall be exonerated for breaking that rule with respect to Bu in accordance with rule 64.1( a ). Ba is NOT exonerated for breaking rule 18.2( c ) with respect to U.
W. Bu was compelled to break rule 18.2( b ), by Ba’s breach of rule 16.1. Bu shall be exonerated for breaking that rule in accordance with rule 64.1( a ).
X. Ba was compelled to beak rule 19.2 by Bu’s breach of rule 19.2. Ba shall be exonerated for breaking that tule in accordance with rule 64.1( a ).
Y. Bu was compelled to break rule 19.2 by G’s breach of rule 19.2. Bu shall be exonerated for breaking that rule in accordance with rule 64.1( a )
Only two rule breaches without exoneration.
Ba broke rule 18.2( c ) and was not exonerated.
G broke rule 19.2 and was not exonerated
Redress
Z. U was physically damage because of the action of Ba breaking rule 19.2 (it is irrelevant that Ba was exonerated for this breach) and rule 18.2( c ) (for which Ba was NOT exonerated). U’s score was made significantly worse through no fault of her own. U was entitled to redress.
AA.It was readily foreseeable, in a fleet or 50 boats that three or four boats might be overlapped at Mark 2, and that there was insufficient space between Mark 2 and the rock. Placing Mark 2 10m north, south or west of the position it was placed in would have prevented this problem. Placing Mark 2 in the position where it was, was an improper action by the race committee. U’s score was made significantly worse through no fault of her own by this improper action of the race committee. U was entitled to redress.
BB.There being no evidence that Ba or Bu’s scores were made worse by the incident it cannot be concluded that they are entitled to redress.
CC. G’s score will be made significantly worse by her penalty for breaking rule 19.2, and the placement of Mark 2 contributed to that, but G could have luffed to windward of Mark 2, and, at a tactical cost (which might then have been subject to redress), have avoided the serious damage and sinking of U. There was fault of G’s own, and G is not entitled to redress.
Decision
Ba is disqualified in Race 5
G is disqualified in Race 5.
U is given redress being average points for races 1 to 4, in races 5 to 8.