PART 2
Exoneration under rule 21(a) for breaking rule 16 (in particular rule 16.1) reflects the fact that right-of-way boats must be expected to make rapid changes of course at a mark, and keep-clear boats must handle themselves with this in mind. But for exonoration for breaking rule 16 to apply, the boat must be ‘at’ the mark and rounding it on her proper course, for which she is entitled to room. If an inside leeward boat in the zone and only half-way to the mark decides to luff for an initially wide rounding, that may be her proper course, but she is not yet ‘at’ the mark, and therefore is not entitled to luff harder than rule 16.1 allows1
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Exoneration under rule 21 can apply in all Section C situations, not just at marks. Therefore, it may exonerate a right-of-way boat that manoeuvres sharply to avoid an obstruction and breaks rule 16.1 in the process. Likewise, an inside keep-clear boat that breaks rule 10 or 11 while doing no more than avoiding the obstruction will be exonerated immediately. The other boat should take a penalty for not giving room.
There are several moments when the operation of rule 20, Room to Tack at an Obstruction, compels a breach of other rules which require immediate exoneration. When a boat on starboard tack hails for room to tack at the ‘left bank’ and the reply is ‘You tack’, she may, after tacking, be for a few seconds under the bows of the hailed boat which is still on starboard tack (and probably about to duck). The hailing boat is excused this technical breach of rule 10. The same applies if the boat that replied ‘You tack’ has misjudged her ability to give room, resulting in the hailing boat breaking rule 13 with respect to her.
A ‘You tack’ response frees the hailing boat from her rule 16.1 obligations, and she can luff into her tack without having to consider the other boat unless proximity brings rule 14 into operation. The hailed boat’s response has transferred to herself the obligation to give room, and rule 21 reflects this.
When a boat on port tack hails for room to tack at the ‘right bank’ and the reply is ‘You tack’, her resulting tack to starboard may break rule 15. Again, rule 21 lifts this burden, since rule 20 has passed the obligation to give room to the hailed boat.
Rule 14, Avoiding Contact, does not come within the ambit of rule 21. As has been seen, rule 14 has its own inbuilt exoneration, but an avoidable collision at a mark or obstruction that results in damage or injury will not be exonerated by any rule.
Finally, as an example of exoneration under rule 21(a) for breaking a rule of Section D, see case RYA 1990/6, discussed below under the Section D rule concerned – rule 23.
Rule 22 22.1 STARTING ERRORS; TAKING PENALTIES; BACKING A SAIL
A boat sailing towards the pre-start side of the starting line or one of its extensions after her starting signal to start or to comply with rule 30.1 shall keep clear of a boat not doing so until she is completely on the pre-start side.
When a boat is OCS at her starting signal, she initially retains all her rights. However, when she turns back (whether after three seconds or three minutes) towards the starting line or towards one of its extensions she must keep clear of all boats not so doing from the moment that her course is ‘towards the pre-start side of the starting line or one it its extensions.’ Any starting line in open water will have an extension whether or not rule 30.1 is in force, and it will be towards an extension that that a boat will be sailing before she can be said to be sailing towards the starting line. I think that this rule applies at an open-water starting line very soon after her course is below a parallel of the starting line.
1 See WS 75, as discussed under rule 18.4 110 RYA The Racing Rules Explained
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