A few days ago, Jim Brainard posted an interesting rules question, quoted
briefly here:
Boat A ... is sailing by the lee ... on starboard tack ... Boat B is
approaching the
windward mark on starboard tack ... Boat A is steering a course to pass
Boat B on A's starboard and "downwind" side to avoid Boat B's wind
shadow. However, Boat B would like to avoid A's wind shadow and alters
course to windward (intending to force A to pass on B's port and
downwind side) and hails A to alter course. A initially alters course
"upwind", to A's port attempting to avoid B, but B continues to head up.
Boat A believes that she is the burdened boat and realizing that she can
not pass B upwind, turns sharply to starboard, but not in time to
prevent Boat B from altering course sharply upwind to avoid a
collision. Boat B protests A for causing B to alter course to avoid a
collision.
Shevy addressed this question, and applied an interpretation that Boat A is
the "give-way" boat since he is closer to the actual wind. This
interpretation, although logical, is not supported by the rules as written.
I discussed this with my friend and rules guru Michael Colnes (who has been
seen in a Laser from time to time), and I agree with his analysis:
"Here's my take on this situation, and I am pretty sure it is
correct. Neither boat is the "give way boat" at any time during
the incident, and the only rule that applies is rule 14. This
rule, requiring boats to avoid collisions, applies to both boats
equally. The effect is that there is only a rules violation
if there is a collision, and if so then both boats broke the
rule.
Here are the details. Contrary to common sense and what I believe
is the intent of the rules, these boats are indeed overlapped
even as they approach each other from a distance. The definitions
do not define the term "clear ahead" except by reference to the
term "clear astern." Niether boat is clear astern of the other
since neither of them is astern of a line perpendicular to the
aft end of the other. Since neither boat is clear astern, they
are, by definition, overlapped. This means that rule 10 doesn't
apply (they are both on starboard tack) and rule 12 doesn't apply
(they are overlapped). Under rule 11, the windward boat is required
to keep clear, but the definition makes each boat the leeward
boat (and also the windward boat)! Since neither one is windward
while the other is leeward, neither is required to keep clear
of the other. Thus, the only rule that applies is rule 14.
Curiously, under rule 14 neither boat is entitled to the protection
afforded a "right of way boat" and the rule is violated even
by incidental contact that was avoidable. Similarly, rule 16
(the hunting rule) does not apply here, and it seems either boat
can change course as it pleases so long as it does not break
rule 14. The reason for this is the preamble language to Section
A of Part 2, which defines a boat as a right of way boat only
when another boat is required to keep clear of her, which is
not the case here.
Strange result, but crystal clear under the rules.
Michael"
Eric Robbins
