I believe this is best addressed by case 93 or, better, by case 146. There is no protest on this situation at all.
While racing keel boats under PHRF, in about 12 knots of wind, I was approaching the starting line with about 15 seconds until start. I was burning some speed by letting the headsail luff a bit. Another boat approached from clear astern and started yelling "up up" as they are want to do. We were both on starboard tack. This boat had no lookout at the bow and was a 30 foot boat (I'm sailing a 35 foot boat) so I doubt he could have seen exactly where his bow was. From my position at the helm I could clearly see that he had not overlapped me and, if he headed up, would have easily crossed my stern so I took no action. About 5 seconds later he did establish a slight overlap, about a foot or so below my starboard quarter. Had he headed up he certainly would have contacted my boat. I had space above me but had I headed up, I would most certainly driven my port quarter into his bow. If I bore down, well that of course would be bad.
I can't think of any action I could have taken to avoid him and allow him to head up. He began yelling "protest, protest" although he never flew a flag and ultimately didn't file a protest. He was of course right to avoid contact.
So:
1 - He established a leeward overlap from clear astern
2 - He is obligated to initially give me room to keep clear
3 - I failed to keep clear, because it was not possible for me to do so
So I think I was sailing within room I was entitled under 16.1 and therefore are exonerated under rule 21.
Is my analysis correct?
Thanks...
I believe it is a common 16.1 rule breaking issue when the leeward boat begins luffung before getting bow even with the windward boat. It happens because most boats' pivot points are located around 1/3 of its length. See https://www.rya.org.uk/knowledge-advice/cruising-tips/boat-handling-sail/Pages/pivot-points-windage-and-slide.aspx
Also Dick Rose gives a nice example on it regarding dinghy sailing (where pivots are mostly at centerboards)
https://www.sailingworld.com/young-sailors-are-not-alone-in-breaking-these-essential-racing-rules
Regarding rule 15, how long is "initially"? For the following 10 seconds after he got his leeward overlap, with his bow spitting distance from the quarter, nothing was going to change unless he bore off. At and after the gun, then he has to sail his proper course since he established his overlap from clear astern per rule 17. So, when does 15 stop applying and 16.1 start applying?
In rule 15, the word "initially" is to be "used in the sense ordinarily understood in nautical or general use". The common meaning of "initially" is "at the beginning" or "from the start". (not to be confused with the defined start).
Until the boats are overlapped, the boat clear ahead has right-of-way and the boat astern is required to keep clear. Rule 15 applies at the moment the overlap is established and right-of-way switches from the boat that was clear ahead to the boat that is now leeward. So, "initially" in this case, means at the beginning of the overlap. There is no time extension to "the following 10 seconds" or any other time-frame. If W has not been given room to keep clear at the time the overlap is established, then L breaks rule 15.
Rule 16.1 always applies. It's requirements are invoked the moment a right-of-way boat changes course.
Rule 15 begins to apply from the instant that the other boat acquires right of way, that is becomes overlapped from clear astern.
'Initially' in rule 15 is a sequential, not a temporal condition: where, as in this case, at the moment of acquiring right of way the other boat is not giving room to keep clear (see Definition: Keep Clear, second part), the rule 15 obligation to 'initially give room' continues to apply until the other boat [by bearing away or dropping astern] actually does give room.
I had a protest a few years ago between two E-Scows, where a port tacker tacked clear ahead of a starboard tacker. Facts found included that P completes her tack clear ahead of S. Because S is faster (since P slows down through the tack), S is overtaking and must avoid colliding with P's stern, which she does by heading above P.
We concluded that P broke 15, as S needed to avoid P's stern. This was a while ago so I don't remember the exact facts, like how far ahead of S that P completed the tack, but we felt that it was "too close". S appealed, and the local YRA appeal committee overturned the ruling. The appeal committee's decision argued that since P completed her tack, and S did not immediately need to take avoiding action, that P did not break 15.
In any case, Case 24 and Match Racing Call B3 are good references for this scenario.
And before the start signal, 17 does not have effect.
11, 14, and 15 apply. And none of these were violated.
Some folk just like to shake things up and start shouting when they have a poor start approach.
The dictionary definitions of initially refer to at or of the beginning. Not from the beginning.
If the rule only intended to indicate when the restriction begins, it would have left the adverb off entirely without changing that meaning.
Our understanding of the short duration of the limit survives.
Rule 15 says he has to "initially" give me room to keep clear. If he acquires right of way and immediately alters course at me, whether I have anywhere to go or not, he breaks rule 15. It seems with rule 15, I get a short time of room to keep clear, but not much time.
Rule 16.1 does not say "initially" which makes sense, since that rule contemplates a situation where he has had the ROW for a bit before altering course. If he has ROW and alters course but I have nowhere to go, then he breaks 16.1. Is that correct?
I do appreciate all of you taking time to help me understand, thank you.
Below, Blue becomes ROW while holding her course and does not initially give Yellow room to keep clear.
On the other hand .. US 108 has nearly the same scenario where the leeward boat changes course ..
https://www.racingrulesofsailing.org/cases/1006?page=26