Case 114

A, B and C are overlapped and on the same tack when the first of them reaches the zone of a mark. A is on the outside, C is on the inside and B is between them.

Does rule 18.2(a)(1) require A to give enough space to B to enable B to give mark-room to C?

Yes. The definition Mark-Room uses the defined term ‘room’, and room includes the space a boat needs to comply with her obligations under the rules of Part 2 and rule 31. The space that A is required to give to B includes the space B needs to comply with her obligations under the rules of Part 2. Therefore, rule 18.2(a)(1) requires A to give B sufficient space for B to give C mark-room.

L, M and W are overlapped and on the same tack with L to leeward, W to windward and M between them. L has no proper course restriction and she luffs. Both M and W luff in response to L’s luff.

Does rule 16.1 require L to give enough space to M to enable M to give room to W to keep clear?

Yes. When M changes course to keep clear of L, rule 16.1 requires M to give W room to keep clear. The space that L is required to give to M includes the space M needs to comply with her obligations under the rules of Part 2. Therefore, rule 16.1 requires L to give M sufficient space for M to give W room to keep clear.

The mark at the starboard end of the starting line is surrounded by navigable water.

When approaching the starting line to start, a leeward boat, L, and a windward boat, W, are overlapped on starboard tack. L is sailing a course that will pass sufficiently far from the mark that there is space for W to sail between L and the mark.

W sails into the space that L freely gives. After W is alongside the mark L luffs, and by luffing promptly in response W keeps clear of L. W touches the mark.

Does L comply with rules 16.1 and 14(c)?

No.

W is required to keep clear under rule 11 and, as stated in the preamble to Section C, she is not entitled to room under rule 19 or mark-room under rule 18.

When L changes course, rule 16.1 requires her to give W room to keep clear of L in a seamanlike way, including the space W needs to comply with rule 31.

When a boat touches a mark, she risks damaging the mark and/or the boat or tangling the mark and/or its anchor line with the boat or its equipment. Therefore, touching a mark is not considered seamanlike and a mark is an object that should be avoided.

L breaks rule 16.1 because she does not give W room to avoid touching the mark as required by rule 31, or to manoeuvre promptly in a seamanlike way. W is exonerated by rule 43.1(b) for her breach of rule 31.

L also breaks rule 14(c) because she causes W to contact an object that should be avoided.

See also Case 146.

The same as the facts for Question 3 except that rule 31 has been deleted by the notice of race or the sailing instructions.

Does L comply with rule 16.1 and 14(c)?

No.

L breaks rule 16.1 because she does not give W space to comply with rule 11 while manoeuvring promptly in a seamanlike way.

L breaks rule 14(c) because she causes W to contact an object that should be avoided.