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To:  J/80 Fleet One Sailors

Subj:  Discussion Stemming from the 6/30/09 Protest Hearings

The protest committee considered and ruled on two protests.  There was also one request for redress which was withdrawn by the submitter prior to the committee taking it up for consideration.  Since the two protest resulted from one incident which occurred at the windward mark.  I have prepared a diagram of the mark rounding involved showing three boats approaching, rounding and departing the mark.  While the protest committee heard each protest separately, my discussion covers the whole incident as one event.

Situational Summary

During the first race on June 11th G, R and B approached the windward mark close hauled and on a starboard tack as shown by position one in the diagram.  An overlap existed between G and R as G entered the zone with G being the inside boat, B was clear astern.  At the mark (position 2 in the diagram) R gave room to G and G and R rounded the mark without incident.  While G and R were rounding the mark B had closed some of the distance between itself to G and R but was still clear astern.

As G and R left the mark astern they proceeded to set their gennakers on a starboard tack.  G was holding a steady course while R, still overlapped on G's starboard quarter steered a course which was closing the distance to G.  Despite hails from G "to stay up" R continued to close in on G which resulted in R's gennaker making contact with G's shroud.  G protested R. (See position three in the diagram.)

B rounded the mark clear astern of G and R.  As B was leaving the mark and prior to commencing to set it's gennaker B was able swing it's bow to port and clear R's transom and outboard motor in the process.  B then commenced to set it's gennaker and extend it's bowsprit.  B's new course and speed relative to G and R was placing B between G and R. Wanting to avoid contact between its sprit and R's port quarter B altered course to port and shortly thereafter B's gennaker made contact with G's backstay.  B acknowledged fouling G and proceeded to complete a penalty turn once clear of G.  B protested R. (See position three in the diagram.)

Winds were light and boat speeds were in the neighborhood of three knots.  While there was contact between boats neither incident resulted in serious damage nor personal injury.

Diagram of the mark rounding

Action by the Protest Committee

G's protest against R was deemed to be valid.  R was disqualified for violation of Rule 11 in that R, as an overlapped, windward boat failed to keep clear of a leeward boat.

B's protest against R in that R, as an overlapped, windward boat failed to keep clear of a leeward boat was found invalid.  However, the committee did find that B violated Rule 15 by failing to give R the opportunity to keep clear after B acquired the right of way when it established an overlap to leeward of R when B extended it's sprit.  

Rules Discussion

Given the close proximity of the windward mark it was important early in the proceedings to determine if Rule 18 - Mark-Room applied; thus the committee pursued a line of questioning which would allow it to reconstruct events starting from G's first entrance into the zone as it approached the mark. (See position one and two in the diagram).  

The setup to the incident involving contact between G and R occurred after both boats had rounded the mark and therefore Rule 18 did not apply. The overlap between G and R was not the result of G overtaking R to leeward and therefore G was not obligated to sail a proper course.  And in fact, G set and maintained a steady course once clear of the mark and made no attempts to luff R. As outside boat to G while rounding the mark R had the room and opportunity to steer a higher course had it chosen to do so. R being the windward boat in a two-boat overlap situation had the burden to keep clear of G as per Rule 11 - On the Same Tack, Overlapped. The committee agreed with G's protest and disqualified R.

The development of the situation between B and R in regard to Rule 18 needed to be looked at a little more closely.  B was clear astern of R as R entered the zone and by Rule 18.2(b) B was not entitled to mark-room with R.  As B rounded the mark it was able to swing it's bow swiftly to port of R and set itself up to possibly overtake R on R's port (leeward) side.  At first glance one might suggest that B, in respect to R, took room at the mark it was not entitled to but R had already rounded the mark and by Rule 18.1(c) Rule 18 does not apply.  Please note that the key here is that R had already rounded and left the mark astern.  

The fact that as B departed the windward mark it was able to alter course to port while it's bow swung clear of R substantiates that B was clear astern of R.  By Rule 12 - On the Same Tack, Not Overlapped B was obligated to keep clear of R and G.  As B commences to hoist it's gennaker it extended it's bowsprit and created an overlap situation with R to windward and G to leeward.  With these overlaps Rule 12 was replaced by Rule 11.  B, as windward boat to G needed to keep clear of G and R as windward boat to B needed to keep clear of B.  The creation of the overlaps also started the clock ticking on Rule 15 - Acquiring Right of Way;  B initially needed to give room to R so that R could maneuver to keep clear.  With R converging down onto G (remember they made contact) and B having enough relative speed to be overtaking both R and G, B found itself effectively trapped. R could not do a quick alteration of course to starboard without having it's port quarter swing into B (there is also the likelihood that R did not have boat speed to effect such a course change as well) and B could not alter course to port due to G's presence to leeward.  B did effect a course change to port which results in B's gennaker contacting G's backstay. 

While B was clear astern R had the right of way by Rule 12 and R had no obligation to anticipate B's overlap to leeward.  Once the overlap was created Rule 11 required R to keep clear by maneuvering in a seaman like manner and Rule 15 required B to give R room to keep clear.  The close proximity of B's sprit to R when it was extended and it's rate of closure towards R did not give R the room it needed to stay clear. B's protest against R for violating Rule 11 was found to be invalid and the committee found B in violation of Rule 15 and therefore B was disqualified.

Lessons Learned

  •  If you acquire right of way - anticipate.
  •  If you are the outside boat at a mark rounding stay wide as you leave the mark and look for a lane which will allow you to safely cut back.
  •  The tactical maneuver to cut in between the boat ahead and the mark, such as B attempted, can be a rewarding one if the traffic in the vicinity of the mark allows it.  But beware, you could find yourself  creating an overlap from a position clear astern and the burden will be on you to initially stay clear (rule 15).

r/

Ted Baker
Protest Committee Chairman


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