BOR90 is now named USa
rule – Rule 18.2(a) does not apply; see Rule 64.1(a).) Red
was required to give Green mark-room and also to keep
clear of her. She failed to do so (and failed to avoid contact),
and thus broke Rules 11, 14 and 18.2(b). However, she is
exonerated by Rule 64.1(c) for breaking these rules because
Blue’s actions compelled her to do so. From a tactical point
of view, Blue might have been able to enforce her starboard
33rd America’s Cup Scheduled
rights had she sailed a higher course while farther from the
for February 8 – Will They Race?
leeward mark. Closing the distance with Red would have
made it harder (or perhaps impossible) for Red to gybe and
Photo courtesy BmW/Oracle.com
the higher course would have taken all three boats further
away from the zone. Outside the zone, Blue has right of A
s we go to press, the latest word we have out of
Valencia, Spain is that the two mammoth multihulls
way and if Red gybes in front of her and causes her to avoid will be on the water racing for the 33rd America’s Cup on
her, she will be disqualified under Rule 10. Such a move February 8, 2010. This amidst the ever present accusations,
would be contingent on how the overlap between Blue and counter accusations, and never ending lawsuits to make
Red was established (See Rule 17). If Rule 17 applied, Blue sure it’s a “fair” race. Unfortunately, for all the fabulous
would have to justify such a higher course as her “Proper sailors on the two teams and the sailing fans who have
Course” and then gybe when her Proper Course was to been patiently, and not so patiently, waiting for the
do so. However, given the conditions (and what actually boats to race, the two sides involved don’t seem much
happened), Blue may well have come out ahead with such closer to agreeing on what is a “fair” race. In January, the
a course of action. Note that in general, protest committees International Jury was finally selected and a meeting held.
allow boats considerable latitude in deciding what their Theoretically an agreement was reached that turned out not
proper course may be (see ISAF Case 14); however, if Blue to be the case, so things remained unsettled. When Alinghi
was sailing a parallel course with Green and Red all the then released it’s Notice of Race and Sailing Instructions,
way down the leg and then abruptly luffed near the end the Golden Gate Yacht Club vehemently objected, saying
of the leg to close the gap between her and Green, in the it was totally biased towards Alinghi. It may not be back
event of a protest the protest committee might reason to square one, but it is a definite setback. Couple that with
that her course down the leg was her proper course and BMW/Oracle’s statement that Alinghi’s sails were made in
therefore she was sailing above that proper course after the U.S. and therefore illegal, and Alinghi’s statement that
she luffed. Note that in the actual scenario, Blue has to BMW/Oracle’s wing is not a sail, it’s totally out of control
luff the other boats, or prepare to give room, much earlier with only days before they’re supposed to face off on the
than usual because of the current. Her only legal excuse for water.
not giving mark-room would be that the other boats came Hopefully we will at last get to see the two fastest boats
from astern and she was unable to give room from the in history race over courses that are up to six times bigger
time the overlap began (see Rule 18.5), which clearly isn’t than the ones used in the 32nd America’s Cup. However,
true here. Note that the new definition Overlap says that not many hold out hope that the final winner will be
boats on opposite tacks can be overlapped if they’re sailing decided on the water.
below 90 degrees to the true wind, even if Rule 18 doesn’t For the first time, the races will be broadcast live and
apply – so even if Red gybed outside the zone, the point free of charge through www.americascup.com to reach the
when the overlap between Red and Blue began was way biggest, widest possible audience.
up the leg somewhere (or maybe even on the previous leg).
Finally, note that, as a rule of thumb, when there’s a protest
alinghi flying high.
involving mark-room and the issue goes to the protest
room, trouble flows outward. The rules are written in such
a way as to put the burden on the outside boat in almost
all scenarios, and that’s how protest committees generally
see it, too, especially as the number of boats (and stories)
increases. So Blue should know, coming into the situation,
that if anything goes wrong at the mark, as outside boat
she’ll probably be blamed for it. She should provide room
early and generously if she wants to stay out of trouble.
For an animated version of this situation, visit
www.ukhalsey.com, Rules Quiz 13.
Photo courtesy alinghi.com
48° No r t h , Fe b r u a r y 2010 Pa g e 63
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