I’ve add ISAF Case 75 for reference. I have it on good authority that this will be in the new case book with updated rule citations.
At 3 boat lengths Yellow is overlapped inside Blue on a course directly to the mark. At position 2, Yellow heads up slightly to make more room to round wider and sail close hauled at the mark. At position 3 Blue hails Protest! You’re taking too much room! At position 4 as Yellow gybes her stern swings into Blue’s boom. There is no damage or injury as a result of the contact, but Yellow’s daughter, who is crewing, nearly has a heart attack and vows never to sail with her father again unless there is money involved!
1. At Position 1 who has right of way?
2. At Position 3 what rule(s) does Yellow break?
3. At Position 4 what rule(s) does Blue break?
4. At Position 4 what rule(s) does Yellow break?
5. What Rule limits the room Yellow can take?
6. Who should be DSQ: Yellow, Blue, Neither, Both?
7. What redress is Yellow entitled for his daughter’s psychological ‘damage’?
Answers:
1.Yellow Rule 11
2. None, She is ROW boat entitled to mark-room so she can head up as long as she complies with 16.1, which she does.
3.Rules 14 and 18.2(b). She is required to give Yellow mark-room, which includes room to sail to the mark. In order for Yellow to sail to the mark she must gybe so Blue must give her the room to gybe and she did not. She could have avoided contact so she breaks 14.
4.Rule 10 – As far as Rule 14 is concerned, based on the facts, the contact occurred as a consequence of Yellow’s stern swinging into Blue’s boom as she finishes her gybe. She could not reasonably avoid the contact once it was clear that Blue was not providing enough room. Yellow does not need to anticipate that Blue will break a rule but only react after it is apparent Blue is not going to live up to her obligations. My conclusion in this case is that there was no time to react to avoid the contact after it was clear that Blue was not giving adequate mark-room.
5.Rule 18.4. In the absence of Rule 18.4 yellow could continue on starboard as long as she pleased. Just ask team racers who sail under Appendix D, which deletes 18.4. I didn’t think of 18.2 but, I don’t think I agree with Brass on this one. After the gybe (if blue also gybes to round the mark) if they are overlapped it would be rule 11 that limits her not 18.2. 18.2 limits how high Blue can sail when she is the leeward ROW boat and Rule 11 limits how low Yellow can sail as a give-way boat entitled to mark-room. At position 5 she is clear ahead, and again a ROW boat entitled to mark-room so 18.2 does not limit her in the least. It is an obligation on Blue to give mark-room in this scenario not Yellow.
6.Blue for Rule 18.2, but she is not penalized for the contact by Rule 14(b). Yellow is exonerated for her breach of rule 10 by Rule 18.5
7.Those of you who don’t think redress is appropriate for his daughter’s psychological damage, have not met my daughters.