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Roy Smith wrote:
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? I don't see that 18.5 has anything to do with this. 18.5 talks about a "continuing obstruction", which is generally taken to mean the shoreline, a long dock, a fishing net, or the like. I beg to differ. I think 18.5 *does* apply here. Take a look at case 16 from the 2005 casebook. http://www.sailing.org/rrs2005/casebook2005.pdf "When a boat clear astern overtakes two overlapping boats clear ahead, she may intervene between them only if there is room to pass between them." Now, in that example the boats are on a run, not on a beat, but I don't see how that changes anything regarding whether L is an obstruction to M and W. The case states that L is a continuing obstruction to M and W and that rule 18.5 applies. M can stick her bow in between L and W *only* if there is room to pass between them. What is different between the scenario I present and case 16 is that in my example the boats are going upwind, and to sail between the boats in a seamanlike way would require M to trim her sail in, while in case 16 the "seamanlike" thing to do would be to sail with the boom out. The question is whether W is required to be "seamanlike" and pull her boom in as well. Certainly Rule 12 would require that, but rule 12 would be trumped by rule 18.5. That was the basic argument - M said "Pull in your boom.", W said "No, I don't have to, there's no room for you in between me and L so you must keep clear." Note: Case 29 also has an example of a leward boat being a continuing obstruction. //Walt |
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