This supplement contains new Cases 123, 124, 125, 126,127, 128, 129, 130, 131 and 132, all of which were approved forpublication at the ISAF Annual Conference in November 2013. Each of the questionsaddressed in these cases was previously addressed in a Q&A in the Q&A Booklet posted on the ISAF website. The supplement also containsminor revisions to Cases 36 and 107. A revised edition of The Case Book for2013-2016, containing the changes and cases in this supplement, canbe found on the ISAF website, www.sailing.org. CASE 36
In the fifth line of the decision, delete ‘wire’. CASE 107
At the end of the decision, delete ‘DNF’ and replace it with ‘RET’. CASE 123 Rule 10, On Opposite Tacks Rule 14, Avoiding Contact When it would be clear to a competent, but notnecessarily expert, sailor at the helm of a starboard-tack boat that there is substantial risk of contact with a port-tackboat, the starboard-tack boat breaks rule 14 if contact occurs and there was still time for her to change coursesufficiently to avoid the contact. Assumed Facts for Question 1
In a fleet race with 10 knots wind, two one-design dinghies, each 5 metres in length, are approaching each other on close-hauled courses. S is on starboard tack and P is on port tack. Both boats hold their course and speed. There is contact between S’s bow and P’s starboard quarter, about 20 centimetres from P’s stern, causing damage. Neither boat takes a penalty. S protests P. Question 1
How do the rules apply to this incident? In particular, did S break rule14? Answer 1
In this situation P judged incorrectly that she would cross ahead of S without breaking rule 10. P could have tacked to leeward of S and thereby kept clear of S and avoided the contact. Because P failed to do so, she broke both rule 10 and rule 14 and is disqualified.
Rule 14 requires a boat, including a right-of-way boat, to avoid contact if reasonably possible. However, rule 14(a) also states that a right-of-way boat need not act to avoid contact until it is ‘clear’ that the other boatis not keeping clear. In the conditions described, when P’s bow crossed in front of S’s bow it would be clear to a competent, but not necessarily expert, sailor at the helm of S that there was substantial risk of contact and therefore that P was not keeping clear. At that moment there was stilltime for S to bear away sufficiently to avoid the contact, and therefore Sbroke rule 14. Because the contact caused damage, S is disqualified and is not exonerated (see rule 14(b)). Assumed Facts for Question 2
The assumed facts are the same as those for Question 1, except that just
before the contact occurs S bears away slightly in an attempt to avoid P.
However S misjudges the manoeuvre and there is contact that causes
damage. Question 2
Did S break rule 14? Answer 2
As noted in Answer 1, at the time it became clear that P was not keeping clear, there was still time for S to bear away sufficiently to avoid the contact. Therefore, it was reasonably possible for S to have done so. She failed either to bear away sufficiently or to begin to bear away early enough, but that does not mean that it was not reasonably possible for her to have avoided the contact. Therefore, S broke rule 14 despite having borne away slightly before the contact occurred. Because the contact caused damage, S is disqualified and is not exonerated.
CASE 124 Rule 19.2(a), Room to Pass an Obstruction: Giving Room atan Obstruction Rule 19.2(b), Room to Pass an Obstruction: Giving Room atan Obstruction Rule 21(a), Exoneration At any point in time while two boats are approaching an obstruction, the right-of-way boat at that moment may choose to pass the obstruction on either side provided that she can then comply with the applicable rules. Assumed Facts
While racing, boats AW and BL are approaching an obstruction that can
be passed on either side. Both boats are heading towards the middle of the obstruction. At position 1, AW is clear ahead by a very narrow margin and on a track to windward of BL. At position 2, they have become overlapped with AW to windward of BL.
At position 1, AW is clear ahead and thus has right-of-way under rule 12.
When the overlap between them begins, BL becomes the right-of-way boat under rule 11. Question
Rule 19.2(a) states that the right-of-way boat may choose to pass the
obstruction on either side. How can we determine which boat has the right to choose in this situation? Answer
At any point in time, the right-of-way boat at that moment is entitled by rule 19.2(a) to choose on which side she will pass the obstruction.
Therefore, while AW is clear ahead of BL, she has the right to choose to pass the obstruction on either side. When the boats become overlapped, AW loses that right, and at that time BL has the right to choose. When a right-of-way boat acts to implement a choice she has made under rule 19.2(a), she must comply with any applicable rules of Sections A andB. Rule 19.2(b) applies if the boats are overlapped. In that case, theoutside boat must give the inside boat room between her and the obstruction, unless she has been unable to do so from the time the overlap began. Rule 21(a) applies while the inside boat is taking the room to which she is entitled under rule 19.2(b).
CASE 125 Definition, Obstruction Definition, Room Rule 19.2(b), Room to Pass an Obstruction: Giving Room atan Obstruction Rule 21(a), Exoneration When an outside overlapped boat is required to give room to one or more inside boats to pass an obstruction, the space she gives must be sufficient to permit all theinside boats to comply with their obligations under the rules of Part 2. Assumed Facts
Boats PW, PM and PL are close-hauled and overlapped on port tack. Boat S is close-hauled on starboard tack. PW is on a collision course with S. PM and PL do not need to change course to pass safely astern of S. PW bears away to pass astern of S without making contact, and PM bears away to give her just enough space to do so. PL holds her course and there is contact between PM and PL, without damage or injury. No boat takes a penalty. PM protests PL. Question
How do the rules apply to this incident and which boat or boats should be disqualified? Answer
S was an obstruction to PW, PM and PL because each of them would need
to change course substantially if she were sailing directly towards S and were one hull length from S, and because they all were required by rule 10 to keep clear of S (see definition Obstruction). PL had the right underrule 19.2(a) to choose to pass S on either side because she had right of way over both PM and PW. However, PL was not entitled to hail for room to tack under rule 20 because she did not need to change course to avoid S(see rule 20.1(a)). As PL passed astern of S, rule 19.2(b) required PL to give room to both PM and PW to pass between her and S. Rule 19.2(b) also required PM to give PW room.
The space that PL was required to give to PM and PW included enough
space for PM to give PW room and for PM to keep clear of PL, as well as space for PW to keep clear of both S and PM (see the definition Room). PL did not give that space. Therefore, she broke rule 19.2(b), and should be disqualified. PL also broke rule 14 because the contact could have been avoided if PL given PM and PW enough space. However, because PL had right of way over PM and there was no damage or injury, PL is exonerated under rule 14(b) for her breach of rule 14. PM broke rule 11, but she is exonerated under rule 21(a) because she was
sailing within the room to which she was entitled under rule 19.2(b). PM did not break rule 14 because it was not possible for her to have avoided making contact either with PL or with PW.
CASE 126 Rule 24.2, Interfering with another Boat For the purpose of determining whether rule 24.2 applies to an incident, a boat is sailing on the leg which is consistent with her course immediately before theincident and her reasons for sailing that course. Assumed Facts for Question 1
The course for a race begins with a windward leg to the windward mark, followed by a short reach to an offset mark and then a run to the leeward mark. Boats L and W sail the windward leg and round the windward mark and the offset mark. On the run, while L and W are on the same tack sailing towards the leeward mark, L luffs W, and W responds and keeps clear. After the race, W learns that L had failed to start and has been scored OCS. W protests L alleging that L broke rule 24.2. Question 1
For the purposes of rule 24.2, were L and W sailing on the same leg of the course or different legs when L luffed W? Answer 1
For the purpose of determining whether rule 24.2 applies to an incident, a boat is sailing on the leg which is consistent with the course she issailing before the incident and with her reasons for sailing that course. L hadnot started, but she was unaware that she had made that error. Therefore, L was sailing on the leg of the course to the leeward mark. Clearly W was on the same leg. Therefore, when L luffed W, rule 24.2 did not apply between them. Assumed Facts for Question 2
The facts are the same as for Question 1, but with these differences: L started correctly, but she was unaware of the requirement to round the offset mark and she failed to round it on the required side. Afterrounding the windward mark she sailed towards the leeward mark until she luffed W. Question 2
For the purposes of rule 24.2, were L and W sailing on the same leg of the
course or different legs when L luffed W? Answer 2
Clearly W was sailing on the leg to the leeward mark. Because L was
unaware of the requirement to round the offset mark and had been sailing towards the leeward mark from the time she rounded the windward mark until she luffed W, L was also sailing on the leg to the leeward mark. Therefore, when L luffed W, rule 24.2 did not apply between them. Assumed Facts for Question 3
The facts are the same as for Question 2, but with these differences:After L had sailed part of the way to the leeward mark, she realized that shehad failed to round the offset mark and she turned back to correct her error. While L was beating to windward to the offset mark she encountered boat X. X had rounded the windward mark and the offset mark and was running towards the leeward mark on the same tack as L. L deviated from her proper course to the offset mark in order to luff X. X protested Lalleging that L broke rule 24.2. Question 3
For the purposes of rule 24.2, were L and X sailing on the same leg of the course or different legs when L luffed X? Answer 3
Clearly X was sailing on the leg to the leeward mark. When L realized that she failed to round the offset mark and turned to sail towards the offset mark, she was no longer sailing on the leg to the leeward mark and had begun to sail on the leg from the windward mark to the offset mark. She was sailing on that leg when she encountered X. Therefore, the boats were sailing on different legs when L luffed X. Rule 24.2 did apply between L and X, and L broke it.
CASE 127 Definition, Racing A boat clears the finishing line and marks when no part of her hull, crew or equipment is on the line, and no markis influencing her choice of course. Question
The definition Racing states that a boat that ‘finishes and clearsthe finishing line and marks’ is no longer racing. When does a boat ‘clear’the finishing line and marks? Answer
A boat clears the finishing line and marks when the following two
conditions are met: no part of her hull, crew or equipment is on the line, and no finishing mark is influencing her choice of course.
For example, a boat that clears the finishing line and then continues tosail toward a finishing mark, where current sets her into the mark, is still racing and has broken rule 31. However, a boat that crosses the finishing line, and sails to a position at which no finishing mark is influencingher choice of course, is no longer racing. If, later, she hits a finishingmark, she does not break rule 31.
CASE 128 Definition, Finish Rule 28.2, Sailing the Course Rule 31, Touching a Mark Rule A5, Scores Determined by the Race Committee If a boat makes an error under rule 28.2 or breaks rule31 at the finishing line and finishes without correcting her error or taking a penalty, she must be scored points for the place in which she finished. She can only be penalized for breaking rule 28.2 or rule 31 if she is protested and the protest committee decides that she broke the rule. Assumed Facts for Question 1
All the boats in a race, with the exception of boat A, sailed to thefinishing line from the last mark and then finished by crossing the line from its course side leaving the committee vessel to starboard and mark F to port. As shown in the diagram, A left mark F to starboard, bore away, sailed completely to the course side of the finishing line, and, shortly after position 3, finished. A then sailed into the harbour. Members of the race committee observed A sail the course shown in the diagram. The rules of Appendix A applied. Question 1
What should the race committee do in this situation? Answer 1
The race committee is required by rule A4.1 to score A points for theplace in which she finished.
To comply with rule 28.2, a string representing a boat’s track must, when drawn taut, pass mark F on the required side. A made an error under rule 28 at the line because the string representing her track, when drawn taut, passes mark F on the wrong side. A did not correct that error, and therefore she broke rule 28.2. As rule A5 states, only the protestcommittee may penalize A for her breach. Therefore, A can be penalized only if a valid protest is made against her and the protest committee decides that she broke the rule.
As rule 60.2(a) states, the race committee may protest A. If it decides to do so, it must inform her that it intends to protest and deliver its written protest within the time limit of rule 61.3 (see rule 61.1(b)). Inaddition, the protest committee or a boat may protest A. Assumed Facts for Question 2
The race committee observes boat B touch the finishing mark as she
crosses the finishing line. B does not take a penalty and sails into the harbour. Question 2
What should the race committee do? Answer 2
B finished when she crossed the finishing line just before position 2. The race committee is required by rule A4.1 to score B points for the place in which she finished. As rule 60.2(a) states, the race committee may protest B. If it decides to do so, it must inform her that it intends to protest and deliver its written protest within the time limit of rule 61.3 (see rule 61.1(b)). Inaddition, the protest committee or a boat, if the boat saw B touch the mark, may protest B.
CASE 129 Definition, Finish Rule 28, Sailing the Course Rule 32, Shortening or Abandoning after the Start Rule 62.1(a), Redress When the course is shortened at a rounding mark, the mark becomes a finishing mark. Rule 32.2(a) permits the race committee to position the vessel displaying flag S ateither end of the finishing line. A boat must cross the line in accordance with the definition Finish, even if in sodoing she leaves that mark on the side opposite the side onwhich she would have been required to leave it if the coursehad not been shortened. Assumed Facts for Question 1
The sailing instructions state that all rounding marks, including the
windward mark, are to be left to port. Due to insufficient wind the race committee shortens the course by displaying flag S (with two sounds) from a staff on a committee boat anchored near the windward mark.
The committee sets the finishing line as shown in the diagram. At the time that flag S is displayed, the boats are between the last rounding mark and the finishing line. Boats A and B approach the finishing line, see flag S and sail the courses shown in the diagram. Question 1
After the race committee shortens the course, are boats still required to leave the windward mark to port and to ‘hook round’ it (as B does), or are they required to cross the finishing line from the course side (as Adoes)? Answer 1
After the race committee shortens the course, the windward mark is no
longer a rounding mark. It becomes a finishing mark (see rule 32.2). To comply with rule 28, boats must finish in accordance with the definition Finish. Therefore, they must cross the finishing line from its courseside. A finishes in accordance with the definition; B does not finish. Additional Assumed Facts for Question 2
Boat B requests redress claiming that positioning the committee boat as shown in the diagram was an improper action of the race committee
because it was not clear from reading the racing rules and the sailing instructions in which direction boats were required to cross the finishing line. Question 2
Was it an improper action of the race committee to anchor the committee boat displaying flag S where it did? Answer 2
No (even though this action was not good race management practice).
When the course is shortened at a rounding mark, rule 32.2(a) permits the race committee to position the vessel displaying flag S at either end ofthe finishing line. Rule 28 clearly requires boats to cross the finishing linein accordance with the definition Finish. The definition Finish cannot be changed by a sailing instruction (see rule 86.1).