Mark Room when Boats are in different classes and on different Legs of the Course
Doc Sullivan
Nationality: United States
Certifications: - National Judge
- National Umpire
In 4-5 knots of wind with no current and flat seas, 2 boats from different classes (Laser 28 and CC 29) were on port jibe going downwind on a LA2 course (per Appendix S , modified so that the finish was to the right of the committee boat) Boat A was sailing to the finish, while Boat B was sailing to the starboard Gate Mark. Boat A established an overlap from behind (17 overlap) about 8 boatlengths from the Zone of the Gate mark sailing a slightly higher course than Boat B. When entering the Zone of the Gate Mark Boat B (the inside overlapped windward boat) asked for Mark Room to which they felt they were entitled to. Boat A elected to come up hard and attempt to pass Behing Boat B and struck then in the Starboard Quarter just forward of the stern pulpit causing no damage or injury and carried Boat A past the mark. When Boat B attempred to go back and reround the mark she was unable to do so as Boat A was doing penalty turns. Eventually she was able to reround the mark and finish her race as was Boat A who sailed to the finish. Prior to entering the zone the 2 boats had a discussion and Boat A was aware thet Boat B was headed to the Gate Mark.
Boat A was in a different class on a different leg of the course and was saioing her proper course when she interfered with Boat B.
Q1. Was Boat B entitled to Mark Room even though the boat to give Mark Room was in a different class and on a different leg of the course?
Q2 Aside from breaking Rules 14,16.1,44.2, and 18.2.a
Created: 17-Aug-10 13:36
Clark Chapin
Agree with the above, Rule 18 doesn't apply.
Given the two boats are reported to have discussed what was going on before it happened, Boat A striking Boat B seems particularly egregious. Thus, a Rule 14 violation seems quite likely for Boat A.
As others before me have said the mark had a required side for boat B but not for boat A - see rule 28.1. Because of this the preconditions set out in 18.1 were not met so no part of rule 18 ever applied between the two boats. It follows that the situation is governed by the other Part 2 rules.
When A was clear astern of B on the same tack she had to keep clear of B under rule 12. As soon as she established her overlap to leeward of B then B had to keep clear of A under rule 11. A had to initially give B room to keep clear under rule 15 which from the fact that they sailed a few boat lengths before the incident it would appear she did. A was also obliged under rule 17 not to sail above her proper course which as up to the time of the incident as she was sailing a convergent course with B on the way to her finish line she seems to have obeyed. When B called for mark room it seems likely that A had to change her course to take avoiding action although this is something that would be needed to be established as a fact by a PC. If it was established that A had to change her chosen course to take avoiding action then B failed to keep clear (see definition of keep clear) and broke rule 11 for which she should be DSQ. In a protest the PC would then need to consider if B's call of mark room was due to a genuine misunderstanding of the rules or whether or not she was "trying it on". If the latter there would be a case for considering it as deliberate rule breaking to gain an advantage and give her DNE under rule 2.
When A luffed sharply and hit B she broke rules 16.1 and 17, assuming that B was unable to keep clear and A was sailing above her proper course. A also broke rule 14 but as there was no damage or injury and she was right of way boat she is exonerated under rule 14(b). A cannot claim exoneration under rule 64,1(a) because nothing compelled her to take the action she did, she could just have easily born away to fullfil her rule 14 oblighations to avoid contact with B. Whether or not A's subsequent turns exonerated her from the breaking of these rules is a moot point as rule 44.2 required her to "get well clear" of the other boats before starting her penalty and as she never did then it is my view that she never completed the penalty as technically she never started it. In any event rule 22.2 required A as a boat taking a penalty to keep clear of B which clearly she did not do breaking that rule.
The fact that the boats were in different races and on different legs of the course would have no bearing on the situation unless rule 24.2 applied (which it didn't) - see the preamble to Part 2
So in summary DSQ A for the rule breaches above and a possible DSQ/DNE for B depending on the facts found in relation to her course to the mark and it's effect of A.
I think the simplest explanation wins here, gentlemen: Boat A attempted to do exactly what Rule 17 says she is entitled to do. From from Rule 17:
Boat A simply misjudged their ability to luff sharply without making contact with B, thereby breaking Rules 14 and 17.
Doc - your assessment is quite right. According to the preamble of Part 2 Sect C the Section C rules do not apply between boats (note the plural) at a starting mark surrounded by navigable water when they are approaching it to start. In your case B is approaching it to start but C isn't so Section C rules apply between them. Rule 18 does not apply for the reasons you say. As long as the CB meets the definition of an obstruction (which seems more than likely) then then B must give C room to pass between her and the obstruction under rule 19.2(b).
This I understand so for the starting boats Rule 18 or 19 does not apply. But in this case where the starting line is on the port side of the committee boat and the downwind finish is on the starboard side of the committee boat then Rule 18 or 19 may apply for the finishing boats as it is not their start. If not then the finishing boats are windward boats and the starting boats are lined up from the finish mark to the committee boat and the finishing boats have nowhere to go and are subject to Rule 11 Do they Luff up head to wind and wait for the boats to start before they finish? Seems like a Catch 22
If the facts were that some time before A needed to take avoiding action she decided to make a change of course to pass atern of B and misjudged her luff then I agree that the breach of rule 11 took place at or just before contact and B is entitled to exoneration.
A decided to take penalty turns but in doing so may have violated Rule 44.2 by interferring with B.