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The Racing Rules of Sailing

Boat hits Vessel - Preamble Part 2

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Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
When a boat sailing under these rules meets a vessel that is not, she shall comply with the International Regulations for Preventing Collisions at Sea (IRPCAS) or government right-of-way rules.

A vessel at anchor is hit by a boat as described above, with no injury or damage. The vessel's owner makes a report to the OA, RC and PC.  No other boat in the race protests the boat. 

What if anything can the vessel-owner, OA, RC and/or PC do?
Created: Today 10:44

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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
The vessel owner can make a claim in negligence.

The vessel is not entitled to protest a boat.  Only a committee or a sailboat subject to the rules as defined in the RRS may protest a boat (RRS 60.1).

The OA, if so minded, can politely suggest to the owner of the boat that he or she should negotiate with the owner of the vessel.

Nothing in the IRPCAS imposes any obligation on any vessel, including a sailing vessel, with respect to a vessel at anchor.

The race committee and protest committee should mind their own business.
Created: Today 10:55
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Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
Reply to: 22353 - John Allan
John .. don't you think it likely that the local inland govt ROW rules will have something to say about boats underway hitting boats at anchor?
Created: Today 10:59
Werner Esswein
Certifications:
  • National Judge
  • National Umpire
  • National Race Officer
The PC can protest the boat - but why? A contact without any damage or injury is not against any public rules.
Created: Today 10:57
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
Ang, don't you think it likely that the local inland govt ROW rules will have something to say about boats underway hitting boats at anchor?

I have no idea.

Around here they don't.

The point is, the law of negligence, without the aid of regulations, is sufficient to resolve any claim.
Created: Today 11:01
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Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
Reply to: 22356 - John Allan
Regarding anchored boats ... in the US the obligation to avoid collision is the boat that is "underway".   One has to work through the hierarchy .. but in the end IMO if the anchored boat met its obligations as such, the boat underway has the obligation to avoid collision. 
Created: Today 11:16
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
Reply to: 22356 - John Allan
Angelo, see IRPCAS Rule 3 (i) The word “underway” means that a vessel is not at anchor, or made fast to the shore, or aground.
Created: Today 11:21
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Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
... and what if there is damage but it is not serious damage?
Created: Today 11:02
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Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
Seems my premise has gotten me arguing about something that wasn't my intent.  Let's change the OP facts. 

The vessel is underway.  Contact occurred between a boat and the vessel. There is damage but is it not serious. The vessel owner claims that the boat broke a govt ROW rule in a report to the OA, RC, PC. 
Created: Today 11:06
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John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
OK, so, given that the boat is subject to the rules of Part 2, we have an allegation that the boat broke a rule, namely, the Preamble to Part 2.

In my opinion, this is a civil claim for damages, or an allegation of a criminal offence.  Either way the race committee and protest committee should stay out of it. They are not the police. They will be running perilously close to making decisions about civil liability, See RRS 65 and the various MNA prescriptions.

Race committees conduct races.

Protest committees resolve disputes about racing, brought before them as valid protests.

The OA may have a good neighbor policy, and they may direct the race committee to protest in accordance with RRS 90.1.  The OA has no power to direct the protest committee.

I think that the report to the OA, is a a report from a person with a conflict of interest, so any protest by a race committee or protest committee based on it would be invalid in accordance with RRS 60.4(b)(3).
Created: Today 11:34
Craig Priniski
Nationality: United States
Certifications:
  • Coach Level 3
  • Club Race Officer
 John, what is the conflict of interest? also the PC was informed or the report so it is also their call. 
Created: Today 12:03
Craig Priniski
Nationality: United States
Certifications:
  • Coach Level 3
  • Club Race Officer
Per the preamble the local, legal ROW apply, and the reporting boat (presumably) has no prior conflict of interest...  
Created: Today 11:25
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