This video was taken by a friend who was sailing a Weta 4.4 Trimaran in a shifty 14-17 knots, slight waves.
https://youtu.be/_m9KcZSwKL8He is approaching the windward mark on the starboard lay line and in the zone (the Weta is 5.5 metres long including the fixed bowsprit).
A 29er approaching on port tacks in front of him so he has to alter course and then after rounding the mark, instead of bearing away, the 29er luffs up breaking the bowsprit of the Weta.
Who is at fault and why?
Forum Moderation Note: Prior to publishing this thread, we received assurances that this incident is not the subject of any damage liability dispute, protest or appeal. - Ang
If the 2021 rules apply, the zone is three hull lengths so the Weta's bowsprit would not count. The 29er was nearer the mark so her hull length defines the zone.
The Weta is still bound by rule 11. I think she had room to keep clear and could have luffed. She was not forced to break 11 by the 29er's breach. Both, therefore, DSQ. I think the 29er's luff was the result of a broach so not deliberate.
I think the 29er, RoW boat but with an obligation under 18.3, did not act to avoid contact when it was clear (to the 29er if they had been looking) the Weta was not keeping clear. Hence 49er broke 14. No exoneration because there was damage. It was reasonably possible for the Weta to have luffed so she broke 14 too. 29er's loss of control no excuse.
As the boats leave the mark, the 29er luffs and contact occurs between stern of 29er and bowsprit of Weta. 29er breaks R 16.1 as ROW altering course without giving room to keep clear.
John
Both boats are past the mark ~0:23 seconds and start to bear away. Weta must keep clear of 29er (either RRS 12 or 11, depending on overlap situation). RRS 18 no longer applies.
At 0:24, Weta skipper looks aft (literally head down into the boat) while bearing away as 29er starts to luff.
At 0:25, Weta skipper notices 29er is luffing and continues to bear away.
At 0:26, contact w/ damage.
If the boats are moving at 8 kts, that's 4.05 m/s or about 1 boat length / second.
Had the Weta skipper paid attention all the time, he would have had enough time / room to keep clear.
DSQ Weta on RRS 11 and 14
29er does not break 14 since it was not reasonably possible for her to avoid contact.
I think the weta misjudged its proximity to the 29er and bore off prematurely. The weta's situation was compounded by the unexpected move of the 29er but the fact remains, the weta was obligated to keep clear.
Your description brings up an interesting question regarding when 18.3 "turns off" now in the new quad.
In 18.3, there are 2 possiblities of which boat gets mark-room. If the stb-always boat is outside, she owes port-taker mark-room. If the stb-always boat becomes overlapped inside, then port-taker owes her mark-room.
In this instance, Wetta is first clear astern and then outside and therefore 29'er gets mark-room .. and 29'er is past the mark at 0:26, so one could argue that mark-room has been given to the boat owed it and 18.1 turns off 18.
On the other hand, had Wetta successfully ducked the 29er and got between her and the mark, 18.3 would provide Wetta mark-room .. but if it was the 29'er who first got the mark-room under 18.3 and she was given it, does 18.1 turn off 18.3 before Wetta can get inside?
One might read 18.3 such that 18.1 can't turn off until both boats under 18.3 have exhausted their opportunity to mark-room. If that's the proper interpretation, then 18 is still on.
Even if it was, the Weta doesn't appear to head up in response to the 29er as she approaches the mark. There's no significant movement of the horizon, no pull on the sheets or push of the tiller, no apparent luff of jib or main. The Weta driver may think he headed up above close-hauled but the video evidence indicates otherwise.
It isn't clear from the video perspective whether the Weta established an overlap before the 29er reached the zone or not but since the Weta was windward boat when the overlap was established I'm not sure that matters.
After passing the mark, the 29er's luff/roundup rotated her stern away from the Weta. I don't believe there's any rule that required the 29er to bear away after the mark even if she'd maintained control. So in my view the contact was caused by the Weta bearing away.
So I'd say:
As for 18 turning off. Since no one was owed mark room, it couldn’t have been given. I’d think 18 continues until both boats leave the zone.
I agree. I was just trying to see if I could entice anyone to follow me down a new rabbit hole ;-)
The 29er tack was probably on the edge of the edge of the Zone, but Weta didn’t have to alter course let alone sail above close hauled and the 29er passed the mark clear ahead of Weta with Weta gaining.
I think that was weta’s problem - sailing higher and overtaking the 29er, when she bore away she had, unbeknown to her skipper, established a slight windward overlap and when Weta bore away her bow sprit struck the 29er.
Rules applicable - RRS 11 and 14 if the above scenario applies. DSQ Weta.
Given the evidence, I think it’s more likely than not the PC will find the 29 tacked in the zone, but in the end didn’t matter.
29er began luffing into her tack @11, and was head to wind @12, so that's another 1 or 2 BL away.
if necessary applying last point of certainty: she wasn’t at the zone.
Certainly that interpretation is consistent with how 18.3 applied in the last quad. It’ll be interesting to see if this gets clarified with a case/appeal in light of 18.1(LS).
I agree that if S never gets overlapped inside, the continuation of rule 18.3 until boats leaving the zone is the same in 2021 rules as in previous rules.
How would you interpret the 2021 rules otherwise?
Based on time & distance I think the video shows she did in this incident.
I agree that's how we should interpret/apply it given how both 18.1 and 18.3 are written.