PART 2
The rules of Part 2 applied to all boats, since they were either racing, or had been racing. The preamble to Section D of Part 2 states that when rule 22 or 23 applies between two boats, Section A rules do not. It follows that when rule 24, also a Section D rule, applies, the right-of-way rules in Section A still apply. In addition rule 23.1 does not require a boat that is not racing to ‘keep clear’.
However, the preamble to Part 2 does allow for the penalization under rule 14(b) of a boat not racing when the incident results in damage.
It follows that Iris’s obligation under rule 10 was in force and she was required to keep clear. This she failed to do, and was correctly disqualified. Had she tacked or borne away, keeping clear of Iris, she could then have protested Iris under rule 24.1.
Thetis, trying to fulfil her obligation under rule 24.1, bore away to go astern of Iris, a manoeuvre that finally resulted in a collision resulting in damage between Thetis and Iphigenia. This was due to Iris’s failure to fulfil her obligation under rule 10, and despite Thetis’s prompt attempts to do so, it was not possible for her to avoid contact with Iphigenia. Whether Thetis infringed a part of rule 16, or Iphigenia broke rule 10, or both, both boats are exonerated under rule 64.1(a) and Thetis under rule 21(a).
Classification for the purposes of rule 24.1 as ‘not racing’ may be a fact, or it may be deemed by the protest committee to have occurred, as in RYA 1986/6, where Daffodil, in order to sail Iris down the fleet, missed out a mark to get at her. ‘When she abandons the attempt to sail the course, she may be considered to have retired, and if she then manoeuvres in the racing area against another boat, she breaks rule 24.1 for interfering, when not racing, with another boat that is racing.’
Because Daffodil had missed out a mark, she was still on her previous leg and so not on the same leg of the course as Iris. Since Daffodil was clearly not sailing a proper course, that also broke rule 24.2, whereas the same manoeuvre, done on the same leg without deliberately breaking a rule, might have been perfectly legal, even when the aggressor was not sailing a proper course1
.
When a boat has left a mark on the wrong side, and is retracing her course round it to correct it, she will still be on the leg of the course to that mark until, after unwinding, she now properly passes the mark on its required side2
. While re-rounding, she retains all her rights and obligations under the Part 2 rules. If she complies with those obligations but, while unwinding, nevertheless interferes with a boat that is rounding normally and is a give- way boat or a boat required to give her mark-room, she has done so from a position on another leg, but she does not break rule 24.2, since her proper course at the time is to unwind.
WS 126 says that, for the purpose of determining whether rule 24.2 applies to an incident, a boat is sailing on the leg which is consistent with her course immediately before the incident and her reasons for sailing that course. Therefore: • When two boats are sailing together in the same direction, they are on the same leg even if one of them later learns that she was OCS
• When two boats are sailing the run of a windward-leeward course, they are on the same leg even if one of them has unwittingly not rounded the offset mark
• If the boat that missed out the offset mark and sails back towards it, she is now on the leg to that mark. If in the process she deviates from her proper course to interfere with a boat running down from the offset mark, she breaks rule 24.2.
When an OCS boat is returning to start, she loses any right-of-way with respect to boats that have started properly. However, rule 24.2 now says that the other boats must not deviate from a proper course (which on a boat to windward would mean bearing away) so as to interfere with the returner. On the other hand, when a boat that, while sailing her proper course, happens to interfere with a boat taking a penalty, sailing on another leg or returning to start, she does not break rule 24.2.
1 See under rule 2 2 RYA 2001/1
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