I deduce that the bank is on the boats' port side, because if it was to starboard and K became overlapped between the bank and R on Port tack, then R would not be able to luff into K.
Have I got that right?
I think that that sort of context information, which takes 'a thousand words' is what diagrams are really useful for.
My only question then is: When K became overlapped between R and the bank, was there room for K to pass between R and the obstruction?
If Yes, R (Right of Way boat, RRS 11) was obliged to give K room to pass between R and the obstruction (RRS 18.5), and R was obliged to give K room to keep clear when R changed course (taking into account the closeness of the obstruction). K ended up in the mud, indicating that she did not have room to keep clear, there was contact, indicating that R did not give room to keep clear and that it was not reasonably possible for K to avoid contact. There was damage, so R is not protected from RRS 14. R breaks RRS 16.1, 18.5 and 14. DSQ R.
K breaks RRS 11 but K is compelled to break the rule by R failing to give her room. Exonerate K.
If No, when K becomes overlapped inside R, as well as being obliged to keep clear by RRS 11, K is also obliged to keep clear under RRS 18.5. HOWEVER, R is obliged to give K room when R changes course (RRS 16.1) (taking into account the closeness of the obstruction) and to avoid contact (RRS 14). K breaks RRS 11, and 18.5. DSQ K. R breaks RRS 16.1 and 14, DSQ R.
Brass
In the list of facts I stated there where two missing:
One was found by Brass in his answer. The space between the shore and K at the moment R established an overlap.
The other is: What was the distance between the boats when R got the overlap.
If that was too close, R broke rule 15 and K may be exonerated for 16.1
According to the diagram drawn we have to go with Brass' first set of conclusions.
In a second mail Brass send me he raised a couple of point I want to share:
ReplyDeleteDear Jos,
I said below that My only question is: "When K became overlapped between R and the bank, was there room for K to pass between R and the obstruction?"
Thinking about it, this is the question I need answered to apply RRS 18.5.
It is NOT the question I should be asking witnesses in the protest room, because it does not get to the underlying facts. The questions I should be asking in the protest room are:
When boats became overlapped:
How far was R from the bank?
Was R steering a course to pass clear of the bank ahead? By how far?
How far was K from the bank?
Was K steering a course to pass clear of the bank ahead? By how far?
How far from R was K?
Same questions at the time when R changed course towards K.
Same questions at the point of contact.
Good exercise in thinking about how to ask questions, that highlights that the questions you need to ask aren't just turning the words of the relevant rule into a question.
Regards
Brass.
I think this very nicely highlights the point I was trying to make about relevant questions in the room. Thanks Brass