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Gene Fuller wrote:
Walt wrote: 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? 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. Ok. Maybe I didn't provide enough detail. These are dinghys. W and L were "camped-out" on the starting line, i.e. with about a minute to go they were about two boat lengths below the starting line and sitting nearly still - sails flogging while waiting for the start, keeping just enough way on to have steerage. M was sailing along the line below all the camped-out boats looking for a gap, and with about 30 seconds to go tried to squeeze in between W and L. Thus, W and L were overlapped next to each other for some considerable abount of time, and M was clear astern of both of them until she sailed in between them. At the moment when M became overlapped with W there was enough space for M to pass between the hulls, but not enough space to pass between the end of W's boom and L's hull. Did M really stick its nose in between W and L or was this a simple two-boat encounter between M and W? M stuck her bow in between M and W. W and L were close enough together that there was space to pass in betwenn the hulls, but not between the boom and the bull. Was L traveling in the same direction and speed as W? Yes. How long did the parallel travel between L and W exist? For about 60 seconds before the gun, and for a few minutes afterward until W tacked away. I think this pretty clearly meets the criteria of "continuing". BTW, I wasn't a participant in this situation, so I really don't have a dog in this fight. I'm interested in finding out the correct answer, not some sort of vindication of my position. My *opinion* is that M is not entitled to room under 18.5, but a contrary opinion is that M is entitled to room because there's enough space for her to fit between the hulls. Is it the the distance between the hulls that count, or is it the hull and boom? Looking for supporting arguments one way or the other... //Walt |
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