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Right of Way - Don't Forget the Basics
Executive Summary
When boats meet one of the four right of way rules will always apply. The four basic rules are:
- Rule 10 - On Opposite Tacks,
- Rule 11 - On the Same Tack, Overlapped,
- Rule 12 - On the Same Tack, Not Overlapped,
- Rule 13 - While Tacking.
These are the basics, one of them will always apply, don't
forget them; see Part 2, Section A of the rules. Yes, in certain
situations a basic rule might have limitations as put forth in Section
B or C of Part 2 but the basic rule still applies. Too often we
get hung up on the limitations and forget the basics. Take rule
11 for instance, the basic for this rule is for the windward boat to
stay clear of the leeward boat. When the windward boat hails the
leeward boat to steer it's proper course the windward boat is
still obligated to stay clear. The rules do not place any
limitations of a boat's obligation to stay clear, the basics always
apply.
Situation
L rounded the windward mark clear ahead of W. Both boats
departed the mark on a starboard tack and set their gennakers, see
position one in the diagram. Shortly after position two L gybes
over to port while W continues on it's starboard tack. At
position three W gybes to a port tack. After gybing W sails a course
lower than that being sailed by L and the distance separating W and L
starts to close. With the separation down to two hull lengths or
less L hails W to "stay up" and W answers for L to sail it's proper course
(see position four). Approximately thirty seconds after
exchanging hails W's gennaker makes contact with L's shroud.
After making contact W alters course slightly to port and both boats
sail along side by side and in close quarters until they both enter the
zone at which time they both sail dead down wind to douse their
gennakers and round the leeward mark. After contact was made both
boats hailed protest. No damage was sustained from the contact
between W and L nor was there any serious personal injury.
Discussion
L rounded the windward mark clear ahead of W and this
situation continued until L gybes. After L gybes over to port W
is now forward of a line abeam from the aftermost point of L's hull or
equipment in normal position and the situation changes from clear ahead/astern to overlapped. Once the overlap is established W becomes the windward boat and L becomes the leeward boat. It is important to note that L created the overlap from a position of clear ahead. Also note that an overlap exist even though L and W are on opposite tacks because both boats are sailing more than ninety degrees off the wind.
Since L was clear ahead when the overlap was established rule 17 On Same Tack; Proper Course does not apply and L is free to luff W if it so desires. And by rule 11 On Same Tack; Overlapped W needs to keep clear of L. W's hail to L to steer a proper course does not exonerate it from this obligation.
What if the situation was different and rule 17 did apply to
L. Would W still have to keep clear of L? What if L disregarded
it's proper course and goes ahead and luffs W; does W still need to clear? What if W repeatedly hails to L to steer a proper course; does it still need to keep clear? The answer to all three is YES, L's obligation to steer a proper course does not change W's responsibility as windward boat to stay clear of L the leeward boat.
Back to the situation is the diagram. L has steered a steady
course and has given W ample opportunity to stay clear. W has
broken rule 11 and should acknowledge the foul and proceed to do a
penalty turn in a timely and seaman like way (even if L does not hail
and display the visual signal for protest). If W does not
complete it's penalty turn then L has a pretty clean case to protest
(assuming that it hailed and displayed the protest signal).
