Stemming from a theoretical discussion on a walk home from school:
In this situation there are three boats having just started. All are on starboard and overlapped. The one in the middle starts over early, however not substantially, and both the ones windward and leeward to her start clear. The leeward boat is A, the middle is B, the windward is C. Boat B does not have the ability to maneuver herself from in between boats A and C to sail towards the start line to clear herself, but knows she is over early and at some point will attempt to clear herself after boats A and C have moved on.
Here is what was discussed as applying:
In the definitions, a boat is racing after her preparatory signal. Also a boat racing is defined as not being an obstruction to other boats unless they are required to keep clear of her or avoid her under rule 22.
We have not found a requirement in the rules for boat B to attempt to clear herself by being over early.
She has no proper course before her starting signal, but it has passed, so assumably it is to clear herself from being over.
Here are the questions:
- Under rule 21.1, a boat sailing towards the pre-start side of the starting line... shall keep clear of one that is not. Despite the fact that boat B has not yet turned around towards the start, is she sailing towards the start line, and as such must keep clear of boat C, despite it being windward to her?
- Boat B is attempting to correct a starting error, is she also taking a penalty?
- Does boat B retain her rights pertaining to boats A and C, despite the fact that she is attempting to correct a Starting Error?
For instance, she has rights to luff C to create enough room to turn back.
Returning to the pre-start side of the starting line to start in accordance with the definition is not taking a penalty.
RRS 44.2 effectively defines 'taking a penalty': it says:
... a boat takes a One-Turn or Two-Turns Penalty by ... making the required number of turns ...
So a boat starts taking a penalty when she starts making a turn.
The RRS 44.2 requirement of 'getting well clear of other boats' is not 'taking a penalty'.
B has no obligation to back out of the sandwich and return promptly: she can stay there as long as she likes, she is racing, and until she is sailing towards the pre-start side and becomes subject to RRS 21.1, she has all her rights under the rules.
B can absolutely wait until the windward boat tacks off her, or until she slowly drops out of the sandwich.
But of course, the longer she stays there, the further away from the starting line she gets and the longer it will take her to return and restart.
Is Philip's comment "For instance, she has rights to luff C to create enough room to turn back." affected if Rule 17 is in affect on B?
That is, Is B's proper course to luff?
Thanks.
A1) No. "toward" is generally interpreted as decreasing her distance from it. Until she sails in such a way that she is decreasing her distance from the starting-line, she is not sailing toward it. Therefore, B can use her ROW to clear a space for herself to get out of there while she's sailing to windward. (PS .. that said best to dump a sail .. slow and let them pass and take the stern of A .. falling off and accelerate back to the line .. that's the fastest back usually)
A2) No. John A covered this. Under P and I flags, being OCS in and of itself does not break a rule, it is just that Boat B has not started. Under U, Z and B flags, she does break a rule, but none of these flags provide a method for a boat to "take" a penalty .. the penalty is simply applied to her by the rule (w/o a hearing).
A3) Yes (see A1) until she starts sailing toward the mark to correct her starting error. After that time and until she is completely on the prestart side of the starting line, she is the keep clear boat under RRS 21.1 vs all boats not likewise returning to the line. If more than one boat is returning to the line, the normal ROW rules apply between them.
I think so, bearing in mind that this is only relevant is B had a RRS 17 obligation in the first place.
In the absence of C, B's proper course to get back to the starting line may be to luff and tack away from A, then bear away and sail back. Changing course towards the wind preparatory to passing head to wind would be her proper course in the absence of C.
Best to slow.
I will have to get the rule book out again but I worry about luffing to make room. Have to consider if you are maneuvering against a boat on another leg of the course.
I do not think it is a proper course to luff.
It could luff its sails to slow down without a course change.
It has luffing rights on the weather boat as the boats were overlapped after the starting horn.
Michael Butterfield, The boats are on the same leg of the course. See Case 126 (2021 rules).
Once the boat turns back to the starting line, then RRS21.1 starting errors, takes effect.
Looking for more insight on this case, it says "L had not started, but she was unaware that she had made that error" as part of the reason for why she was sailing the leeward leg of the course.
Also the case states in its abstract "a boat is sailing on the leg which is consistent with her course immediately before the incident and her reasons for sailing that course".
In our situation boats A/B/C are all sailing in the direction of the windward mark. If we go with what has been said a few times above, that towards is interpreted as in the direction of, so she is sailing towards the windward mark. This would satisfy the first half of the statement, as the leg is consistent with her course immediately before the incident.
My question regard the second part of the abstract . The case book specifies she did not know she was in error, how does that play in to, if it informs at all, the part of the statement referring to "her reasons for sailing that course"? I am struggling with the wording here a little.
Also, as the case says "and" in its abstract, does it inform the interpretation to require both parts of the references statement?