A couple of interesting protests lately:
1 – Two boats – call them Blue and Red. Time of incident – about 15-30 seconds pre-start. Location of incident – about midway between RC boat and pin, and about ½ to 1 boatlengths below the line. Both boats on starboard. Blue was ahead and to windward. Red overtook Blue, obtaining a slight overlap on Blue. Red called Blue up, and Red responded slightly, then bore off again. Red again called “up”. At this point, Blue turned up, and the action of turning swiveled her transom such that her outboard motor propeller hit Red’s starboard hull between mast and prow. Red protested Blue under Rule 11 “On the same tack, overlapped”
Question: Was a rule broken here ? Did Blue (windward) fail to keep clear of Red after Red obtained an overlap from astern ? Did Red break Rule 15 “Acquiring right of way” and 16.1 “Changing course” by not giving Blue room to keep clear ?
The Protest Committee had to decide whether Blue had failed to keep clear of the leeward boat, or whether Red, in luffing up (changing course) had got so close to Blue that Blue could not respond without contacting Red.
The Protest Committee decided that the principal rule broken was 16.1 “When a right-of-way boat changes course, she shall give the other boat room to keep clear”. Inasmuch as Blue, in attempting to keep clear, could not do so without her outboard striking Red’s hull, it was actually Red who broke a rule. The Protest Committee therefore disqualified Red, even though Red had lodged the protest in the first place.
2 – The second situation involves 3 boats on a downwind leg….Boats,A,B and C. There are several stages to this protest situation.
Stage a
- Boat A – clear ahead and outside leeward boat.
- Boat B – clear astern and to windward of Boat A
- Boat C – clear astern and to windward of Boat B.
Stage b – Boat B overtakes Boat A to windward, and Boat C overtakes Boat B to windward, each establishing an overlap.
- Boat C – clear astern and to windward of Boat B.
Stage b – Boat B overtakes Boat A to windward, and Boat C overtakes Boat B to windward, each establishing an overlap.
Stage c – Boat A calls to Boat B to luff up, whereupon Boat B calls to Boat C to also head up and keep clear.
At this point, Boat C refused to luff up, claiming that Boat B had no overlap. Consequently, Boat A protested Boat B for failing to keep clear, and Boat B protested Boat C for the same reason. There was no contact between any of the boats.
At this point, Boat C refused to luff up, claiming that Boat B had no overlap. Consequently, Boat A protested Boat B for failing to keep clear, and Boat B protested Boat C for the same reason. There was no contact between any of the boats.
Boat B’s protest of Boat C was the only one recorded as received by the Protest Committee.
The protest was ruled invalid by the Protest Committee Chairman, on the grounds that a red cap was displayed, not a red flag., and that too long a time had elapsed before the cap was displayed. Racing Rules of Sailing Rule 61.1.a states “shall conspicuously display a red flag……..”. Nevertheless, this is how the rules might apply in this case.
Stage a: each boat is clear of the other.
Stage b: Now Boat B must keep clear of Boat A, and Boat C must keep clear of Boat B.
Stage c: Boat A is perfectly within her rights to luff Boat B, and as Boat B luffs in response, Boat C must keep clear of Boat B. Of course, the boats that are luffing must give the windward boats time and opportunity to keep clear.
Now Boat C refuses to respond to Boat B’s luff, claiming no overlap. Yet Boat B claims that she had to pull in her jib which was flying on the starboard side, lest it hit Boat C’s port spreader. This strongly suggests that Boat C was NOT clear ahead, and definitely vulnerable to B’s luff (Rule 11).
Now Boat C refuses to respond to Boat B’s luff, claiming no overlap. Yet Boat B claims that she had to pull in her jib which was flying on the starboard side, lest it hit Boat C’s port spreader. This strongly suggests that Boat C was NOT clear ahead, and definitely vulnerable to B’s luff (Rule 11).
Rule 17 “Proper Course” does not apply here, since Boat B overtook A to windward, and C overtook B to windward – not leeward.
Rule 15 applies:”When a boat acquires right of way, she shall initially give the other boat room to keep clear, unless she acquires right of way because of the other boat’s actions.” In this case, Boat A acquired right of way when overtaken to windward by Boat B, and Boat B acquired right of way when overtaken to windward by Boat C – other words, both A and B acquired right of way by another boat’s actions.
So, did Boat C keep clear of Boat B ? Judging from the diagram accompanying the protest, all three boats could easily fetch the next mark, with Boat C needing to move downwind a bit so as not to overstand. But there was no real reason why Boat C could not keep clear of Boat B., at least not in terms of “proper course”.. The rules state that it’s not necessary to have contact in order for a boat to be found to have not kept clear.
However, in the absence of a protest by Boat A, really the principal factor in causing B’s protest, and the lack of a timely and official red flag hoisting, and the lack of contact or damage,the Protest Committee would likely have concurred with the decision to invalidate Boat B’s protest of Boat C.
Best regards,
Dave Cobbett
