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Default Continuing obstruction (RRS 18.5) question

Walt wrote:
Here's the scenario:

Boat W is to windward of boat L approaching the starting line on a close
reach with her boom outboard of the gunwales in order to slow down. Boat
M comes up from clear astern of boat W and tries to go in between boat W
and boat L. At the moment the overlap begins, there is enough space for
M to pass between the hulls of boat W and L, but not enough space for
her to pass between W's boom and L. Is M entitled to room here?

IOW, does "room" as cited in 18.5 include only the hulls or is it
"equipment in normal position"? Seems to me it would be the latter, but
I can't find an explicit cite of "equipment in normal position" in the
definition of room

Note: W is not sailing backwards by backing a sail.

For reference, here's 18.5

18.5 Passing a Continuing Obstruction
While boats are passing a continuing obstruction, rules 18.2(b) and
18.2(c) do not apply. A boat clear astern that obtains an inside overlap
is entitled to room to pass between the other boat and the obstruction
only if at the moment the overlap begins there is room to do so. If
there is not, she is not entitled to room and shall keep clear.

Here's the definition of Room: The space a boat needs in the existing
conditions while manoeuvring promptly in a seamanlike way.

Thanks.

//Walt


Walt,

Let me amplify on my previous response, which was very similar to Roy's.

There is no question that two boats traveling in parallel over some
distance can constitute a "continuing obstruction" situation. There are
examples shown in the appeals case book and in Dave Perry's book for
boats heading downwind toward a finish line.

In the case you described it seems difficult to have such a "continuing
obstruction". It seems far more likely that the overlap of M on W would
occur long before M would reach the stern of L. This is especially true
if the boats were not close hauled. If M overlapped W well before M
would overlap L then ordinary luffing rights apply between M and W.

This is clearly a judgment call. Did M really stick its nose in between
W and L or was this a simple two-boat encounter between M and W? Was L
traveling in the same direction and speed as W? How long did the
parallel travel between L and W exist? The case book references 6 boat
lengths as clearly satisfying the continuing obstruction case, but there
is no minimum offered.

Regards,
Gene Fuller
 
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