I am going to post a series of Rule 18 Scenarios to highlight some of the issues to think about at the leeward mark. There are no cases published yet, so we will need to rely on what we have been told by Dick Rose at the seminar and the paper he has published for the correct way of interpreting new Rule 18. I have emailed the paper to you all. For those of you that did not get a copy of the paper, I’ve added a link to it on the side bar. 

Here are the facts of this scenario:Blue, Green and Yellow are sailing on starboard tack toward the leeward mark to be left to Starboard. The waves 1-2 feet, and the wind is 10 knots. When Green and Blue reach the zone Green is overlapped inside Blue and Yellow is not overlapped with either boat. At position 3 Yellow is sailing with more speed, sees a space and moves inside Blue. At position 4 Blue luffs head to wind to stay out of Greens bad air and to “close the door” on Yellow. Yellow immediately responds to avoid Blue, but is forced into the mark and Blue is forced to bear away to avoid contact with Yellow. Blue protests Yellow for breaking Rule 18.2(b) and Rule 11. Yellow protests Blue for breaking Rule 16.1. 

How do you decide this case?

A good discussion and I will summarize the issues and give you how I would decide it based on the facts in the Scenario.

1. You should notice that there is a major change in the rules that applies to this scenario. Under the old rules rule 16 did not apply to a right of way boat that was changing course to round a mark (Rule 18.2(d)). In this case the right of way boat is Blue and she changed course head to wind to round the mark so Rule 16 didn’t apply under the old rules. Yellow would be DSQ under Rule 11 because she forced Blue to bear away to avoid her and she was not entitled to room by Rule 18.2(b). There was no need to discuss proper course because the rule was just turned off.The new rule has a new Section 18.5 Exoneration that says a boat will be exonerated by part (b), “if, by rounding the mark on her proper course, she breaks a rule of Section A or Rule 15 or 16.” Now you need to determine if the boat was rounding to her proper course to be exonerated for breaking a rule of Section A or rule 15 and 16.

2. Did Blue break Rule 16? Rule 16.1 says, “When a right-of-way boat changes course, she shall give the other boat room to keep clear. Room is, “The space a boat needs in the existing conditions while maneuvering promptly in a seaman like way.” When Blue forces Yellow into the mark Yellow was not able to maneuver in a seaman like way so clearly Blue breaks rule 16.1.

3. Did Blue sail her proper course? Because Blue was clearing her air I believe this can be considered her proper course and she should be exonerated by Rule 18.5. If you take Green out of the scenario, I would not exonerate Blue under 18.5 because luffing head to wind can not then be justified as a proper course.

4. This last issue was pointed out to me by my 13 year old daughter. Wasn’t Yellow compelled to break the rules by Blue’s breach of 16.1, so shouldn’t she then be exonerated by 64.1(c)? Has my daughter found a flaw with the new rule structure of not turning off certain rules but just exonerating a boat for a breach of the rules? I frankly can’t find a way out of this. Anyone else have any ideas? perhaps 64.1 needs to be rewritten so as not to apply 64.1(c) when the other boat is exonerated by another rule.

My decision, until convinced otherwise, is to exonerate both Blue and Yellow. Blue under 18.5 and Yellow under 64.1(c).

I have been convinced that Yellow still breaks 18.2 (b) and cannot be exonerated under 64.1(c) for that. She can be exonerated for hitting the mark but would still be DSQ for 18.2(b). And, if we decided Blue didn’t sail her proper course then Blue would be DSQ for 16.1 and Yellow would not have broken 18.2(b) and would be exonerated under 64.1(c) for hitting the mark. Oh well it was fun while it lasted.