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Contact with Committee, but not at start or finish
I ran into a situation recently that has me wondering...
Course was a typical two lap windward-leeward course with the Windward mark also acting as the port end of the finish line. (See diagram below.) One RC boat moves from the starting line to near the windward mark to also act as the starboard end of the finish line.
A boat racing (SB) was on starboard tack, approaching the windward mark on their first leg. (They needed to complete another lap before finishing.)
The race committee was getting ready to drop anchor. They were still drifting, blown a bit by the wind.
SB passed close astern of the committee boat and a crew member (unintentionally) contacts the committee boat. No damage.
Questions:
1. Did SB break a rule? (14.(a) seems like the likely candidate.)
2. If SB broke a rule, is she exonerated, or is a Two Turn Penalty required to clear themselves?
3. Am I correct to assume that a single turn penalty doesn't apply here, since the committee boat is not a mark for the current leg?
SB did not break rule 14(a) ("If reasonably possible, a boat shall (a) avoid contact with another boat;" because in "Terminology" (page 1 in the printed rule book), "boat" is defined as "A sailboat and the crew on board, that are subject to the rules." The RC boat is a "vessel", defined on the same page as "any boat or ship.", but not a "boat."
1. Did SB break a rule? (14.(a) seems like the likely candidate.) No rule was broken. The RC vessel was not a mark of the course on Leg 1 which SB was sailing. The RC vessel is not a boat.
2. If SB broke a rule, is she exonerated, or is a Two Turn Penalty required to clear themselves? See answer to question 1.
3. Am I correct to assume that a single turn penalty doesn't apply here, since the committee boat is not a mark for the current leg? See answer to question 1.
Ditto what Jerry and Clark said, but I'd like to suggest that you read the NOR/SI's carefully. Many times they put in a rule which states boats shall not touch RC vessels (regardless if they are a mark of the course) ... sometimes they are [DP][NP] designated too.
I can't say I've ever seen that, Angelo. Interesting.
But Jamie, you would probably find it helpful to read first the definition of Mark, and then rule 31.
That makes it clear that when the RC boat was not in position, it was not a mark, and if it were in position, it would not be a breach of rules to have made contact with it while on the first leg of the course.
If 14(a) doesn't apply what about 14(c)? The RC boat is clearly an obstruction, just as any other vessel would be, but I suppose in the past there's never really seemed to be a need to tell boats not to contact obstructions. It could be argued, I guess, as the RC boat is not a mark on the course, and is not a competitor in a race, then the IRPCAS apply between the two craft.
RRS 31 doesn't apply as the boat is neither approaching the line to start or finishing. IRPCAS would come into play, however. As Jim points out, 14(c) could also apply. However the sneaky "cause" word comes into play, as well as reasonably possible. For arguments, assuming the sailboat is attempting to keep clear of the backing down RC boat, but is unable to, then she may meet the reasonable clause in 14.
Generally, a sailboat under sail has the right of way over a powerboat. This is because sailboats are generally considered less maneuverable than powerboats, especially when they are constrained by wind direction.
I had missed the "Terminology" section, tucked inside the "Introduction" in the USSailing electronic version of the rules. I had looked for a definition of Boat in Definitions, not really expecting to find it due to the handy lack of italics.
At the time of the incident, I knew the definition of Mark well enough to know that the RC wasn't a mark for the sailboat at that point, so a one-turn penalty seemed inappropriate. I then reread 14, and went looking for a definition of boat, but didn't look in the right place.
Good question -- I think the answer is, rule 14(c) is not clear. In the context, I think "a boat" means "another boat", but I think you could argue that if the writers of that rule had wanted that meaning, they could have written it that way. The problem is, if no other boat is involved in rule 14, the whole concept of a boat having right away or being entitled to room doesn't make any sense, so rule 43.1(c) is kind of silly. It is literally not possible to have right of way or to be entitled to room if there is no other boat involved in the incident.
So I'm voting for SB breaks no rule. She definitely does not break rule 31, as the committee boat is not a mark that begins, ends or bounds the leg of the course she is sailing.
It could, I suppose, be deliberate phrasing, since if 14(c ) doesn't apply to a boat making direct contact with a craft not racing then there is no question of a conflict between RRS and IRPCAS.
Looking at IRPCAS, by the sound of it the RC boat was not under command or at least restricted in her ability to manouver, and possibly also being overtaken by the sailboat, so I suspect IRPCAS 18.b and possibly IRPCAS 13 would apply, and the sailboat should have kept out of the way. Which begs the question about penalties. Are turns or scoring penalties available for breaches of IRPCAS? Is the preamble a rule that 44 applies to? Also Case 109 Question 3 seems to me to suggest that a PC has no power to adjudicate in this situation.
Jim, i recall you're fond of reminding us to look at the definitions
COLREGS Rule 5 General Definitions
The term “vessel restricted in her ability to manoeuvre” means a vessel which from the nature of her work is restricted in her ability to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel. The term “vessels restricted in their ability to manoeuvre” shall include but not be limited to: (i) a vessel engaged in laying, servicing or picking up a navigation mark, submarine cable or pipeline; (ii) a vessel engaged in dredging, surveying or underwater operations; (iii) a vessel engaged in replenishment or transferring persons, provisions or cargo while underway; (iv) a vessel engaged in the launching or recovery of aircraft; (v) a vessel engaged in mine clearance operations; (vi) a vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.
To answer the one remaining unanswered question, if SB may have broken an IRPCAS rule, she can take a penalty under rule 44.1. The IRPCAS (or equivalent inshore rules) are included in Part 2 in the preface, by reference; so they are "rules of Part 2".
By the way, IRPCAS does not require contact, so SB probably broke IRPCAS just by being close enough that a crew member could touch the RC vessel. I"m not sure anybody has ever thought of IRPCAS with respect to race committee vessels. When I approach the RC vessel at the start, I never make the required sound signals; I frequently change course abruptly toward the RC vessel; and I sometimes miss her by inches. All of those actions and non-actions are breaches of IRPCAS, but I never spin for them :-).
How about we ask the Race Committee boats to keep out of the way of the competitors? Apart from a rescue situation, I’ve never seen a time when competitors have to avoid a stray (ie not anchored, on station) RC boat under any rule. With this in mind I find this thread quite disturbing in that others seem to think the competitor is at fault!
It's good practice for any support or organiser's craft to avoid getting into a position where they conflict with a racing boat.
But should it happen, then unless there is some sort of contract *agreed* by both sides, then surely IRPCAS apply, just as they apply with any random boat wandering through the race course. I wasn't particularly aware, for instance, that the 'sail gives way to steam' mantra is distinctly limited and inter alia doesn't apply when sail is overtaking.
(a) avoid contact with another boat;"
because in "Terminology" (page 1 in the printed rule book), "boat" is defined as "A sailboat and the crew on board, that are subject to the rules."
The RC boat is a "vessel", defined on the same page as "any boat or ship.", but not a "boat."
But Jamie, you would probably find it helpful to read first the definition of Mark, and then rule 31.
That makes it clear that when the RC boat was not in position, it was not a mark, and if it were in position, it would not be a breach of rules to have made contact with it while on the first leg of the course.
The RC boat is clearly an obstruction, just as any other vessel would be, but I suppose in the past there's never really seemed to be a need to tell boats not to contact obstructions. It could be argued, I guess, as the RC boat is not a mark on the course, and is not a competitor in a race, then the IRPCAS apply between the two craft.
I had missed the "Terminology" section, tucked inside the "Introduction" in the USSailing electronic version of the rules. I had looked for a definition of Boat in Definitions, not really expecting to find it due to the handy lack of italics.
At the time of the incident, I knew the definition of Mark well enough to know that the RC wasn't a mark for the sailboat at that point, so a one-turn penalty seemed inappropriate. I then reread 14, and went looking for a definition of boat, but didn't look in the right place.
All makes sense. Thanks for the help...
Jamie F.
So I'm voting for SB breaks no rule. She definitely does not break rule 31, as the committee boat is not a mark that begins, ends or bounds the leg of the course she is sailing.
Looking at IRPCAS, by the sound of it the RC boat was not under command or at least restricted in her ability to manouver, and possibly also being overtaken by the sailboat, so I suspect IRPCAS 18.b and possibly IRPCAS 13 would apply, and the sailboat should have kept out of the way. Which begs the question about penalties. Are turns or scoring penalties available for breaches of IRPCAS? Is the preamble a rule that 44 applies to? Also Case 109 Question 3 seems to me to suggest that a PC has no power to adjudicate in this situation.
COLREGS Rule 5 General Definitions
The term “vessel restricted in her ability to manoeuvre” means a vessel which from the nature of
her work is restricted in her ability to manoeuvre as required by these Rules and is therefore
unable to keep out of the way of another vessel. The term “vessels restricted in their ability to
manoeuvre” shall include but not be limited to:
(i) a vessel engaged in laying, servicing or picking up a navigation mark, submarine cable
or pipeline;
(ii) a vessel engaged in dredging, surveying or underwater operations;
(iii) a vessel engaged in replenishment or transferring persons, provisions or cargo
while underway;
(iv) a vessel engaged in the launching or recovery of aircraft;
(v) a vessel engaged in mine clearance operations;
(vi) a vessel engaged in a towing operation such as severely restricts the towing vessel and
her tow in their ability to deviate from their course.
By the way, IRPCAS does not require contact, so SB probably broke IRPCAS just by being close enough that a crew member could touch the RC vessel. I"m not sure anybody has ever thought of IRPCAS with respect to race committee vessels. When I approach the RC vessel at the start, I never make the required sound signals; I frequently change course abruptly toward the RC vessel; and I sometimes miss her by inches. All of those actions and non-actions are breaches of IRPCAS, but I never spin for them :-).
It's good practice for any support or organiser's craft to avoid getting into a position where they conflict with a racing boat.
But should it happen, then unless there is some sort of contract *agreed* by both sides, then surely IRPCAS apply, just as they apply with any random boat wandering through the race course. I wasn't particularly aware, for instance, that the 'sail gives way to steam' mantra is distinctly limited and inter alia doesn't apply when sail is overtaking.