On the same side!

A case by Mike Butterfield;

The new rules differ from the old in that at obstructions under the old rules RRS18 only applied if the boats were to pass the obstruction “on the same side”.

There is no side requirement under the new rules and thus the New RRS 19 always applies.

The difference can be seen in the “Old” Team racing casebook Call F2 as opposed to the “New” Casebook F2.

Under the old rules Blue has no right to room at 1 and can only bear of without breach of 17.2 at 2 if it is a proper course, possibly a challenge. At 3 there is a right for room.

Under the new rules there is no issue at 1 and 17.2 does not now exist. Yellow becomes required to give room to Blue when Blue “needs to commit to passing to leeward of the moored boat”. When is this?

Blues case may be improved is she hails but there is no requirement to do so. Under the old rules as soon as the boats were passing the obstruction on the same side, the rights were clear, now this may not be so.

What here:-

Under the old rules Blue was never passing on the same side and there is no issue.

Under the NEW rules as Yellow did not give “enough room” for blue to pass to leeward of the obstruction is she at risk of losing any protest from Blue?

When would Blue “have had to commit”, would it be different if she had hailed?

Would it be harder to resolve if the moored boat was smaller (of the transom of a boat they were both overtaking (as F2).

The clarity of the old rule has been lost. Blue as windward boat always is the keep clear boat, what if she tried to go to leeward and there was not room? Would she be disqualified, as well, as a windward boat failing to keep clear?

Under 64.1.c has she been “compelled” and thus entitled to be exonerated when she has a simple windward escape.

This appears to be an example of the different wording in the rules, causing basically the “same game” to have responsibilities described very differently.

How do you see it?

Mike, I think that the emphasis in the rule 19 has been shifted to give more weight to the RoW rules. 

This means that the keep clear boat has “to do” more to establish that she is compelled to break a RoW rule, when she’s not given enough room

Under rule 19 that means her intention to pass at the same side has to be very clear to Yellow. This intention has to be obvious either when first the overlap is established or in your second drawing - with a standing overlap - at least a boat and a half before the obstruction. Yellow has an obligation to give room – only when she’s able to. If Blue ducks at the last moment there’s no way Yellow can give room and therefore is not obliged to do it.

In my opinion when Blue does not make her intention clear and sails to the other side of the obstruction – as you depicted – Yellow does not break rule 19.

The size of the obstruction is only of influence, if it makes it obvious that Blue cannot pass to windward. The bigger the obstruction, the clearer it will be that Blue will also pass to leeward. If the obstruction is smaller, Blue has to be more obvious, that she wants to pass at the same side and needs room to do so.

There’s no exoneration within rule 19 – like you stated, only under rule 64.1(c).
Therefore Blue must show she was ‘compelled’ – if not, she breaks rule 11.

 

Comments, anyone?

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