PART 2 Part 2 – When Boats Meet
The rules of Part 2 are defensive, in that they are designed for safe sailing and to avoid collisions. They are also aggressive, in that they will give a tactically-exploitable advantage to one of two boats that are near each other.
There is a logical structure to Part 2. • The preamble says when Part 2 rules apply, and explains their relationship to the IRPCAS • Section A, Right of Way, identifies which of two boats that meet has to keep clear. It does not impose any obligation or limitation on the right-of-way boat.
• Section B, General Limitations, places those limitations on right-of-way boats. It does not add to the obligations of a keep-clear boat1
.
• Section C deals with rights and obligations at marks and obstructions. • Section D covers exoneration, and particular situations where sometimes Section A rules do not apply.
The terms used to create obligations are keep clear, give mark-room and give room, which are, as the italics imply, defined terms, to be examined in detail; and ‘avoid’, ‘avoid contact’, ‘not cause’, ‘not prevent’ and ‘not interfere with’, which are not defined and have their ordinary meaning.
Preamble
The rules of Part 2 apply between boats that are sailing in or near the racing area and intend to race, are racing, or have been racing. However, a boat not racing shall not be penalized for breaking one of these rules, except rule 14 when the incident resulted in injury or serious damage, or rule 24.1.
When a boat sailing under these rules meets a vessel that is not, she shall comply with the International Regulations for Preventing Collisions at Sea (IRPCAS) or government right-of-way rules. If the sailing instructions so state, the rules of Part 2 are replaced by the right-of-way rules of the IRPCAS or by government right-of-way rules.
When boats are in or near the racing area, and intend to race, or are racing, or have been racing, as defined2 . , the
rules of Part 2 of these Racing Rules of Sailing apply when they meet. These racing rules govern navigation in the racing area. Away from the racing area, the rules that apply when boats meet are the IRPCAS or the equivalent ‘government right-of-way rules’, which may be harbour, river or reservoir byelaws3
This preamble limits penalization of a boat that broke a rule of Part 2 while not racing, even if she is in the racing area. Previously, penalizing her was permitted only when she broken rule 24.1 by interfering with a boat that was racing when it was reasonably possible not to do so. A new exception permits penalization when it was reasonably possible for her to avoid contact, but she did not do so, breaking rule 14, and the incident resulted in injury or serious damage to either boat or another boat. (Had that happened while she was racing, she would have been required to retire by rule 44.1(b), so why should she be allowed to avoid penalization for spoiling the day of another boat, simply because she was not racing?) Under rule 64.1, a penalty so incurred while not racing would apply to the race sailed nearest in time to that of the incident.
If a right-of-way boat, or one entitled to room or mark-room, has failed to avoid avoidable contact, but there is no resulting injury or damage, then rule 14 forbids penalization, whether or not the boat was racing, and the preamble does not apply. If in the same situation there was resulting damage that was not serious, the preamble overrides the obligation to penalize under rule 14. There is therefore a difference in the treatment of damage that is less than serious under rule 14, depending on whether the infringing boat was racing when the damage was caused.
1 As will be seen, rule 14 applies equally to right-of-way boats and keep-clear boats, but the Section A obligation of a boat to keep clear is not
added to by the rule 14 obligation to avoid contact if reasonably possible. 2 A boat is defined as racing from her preparatory signal until she finishes and clears the finishing line and marks, or retires, or until the race
committee signals a general recall, postponement or abandonment. 3 See WS 109 below. For the avoidance of repetition, future references to the IRPCAS can be taken to include government right-of-way rules.
RYA The Racing Rules Explained 31
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