150 UNDE R S TANDING THE RAC ING RUL E S OF SAI L ING THROUGH 2 0 2 4
lapped windward boat (W) room to keep clear of her transom as she bears away. She does however have to avoid contact with W under rule 14 (Avoiding Contact).
“Sounds like there could be some difficult protests involving rule 16.1; are there any onuses to help resolve these disputes?”
No. In a dispute over whether W kept clear or whether L provided enough roomto keep clear, neither the rules nor the appeals place any “onus” on either boat. The protest committee will have to determine the facts and use its best judgment. Remember that a windward boat’s right to “room to keep clear” under rule 16.1 is a ‘shield’ and not a ‘sword’ for W. Also, to be entitled to the protection of room, W must respond as soon as she can to L’s change of course and make a reasonable attempt to get clear. From there it will be up to the pro test committee to decide from the weight of the evidence on (a) the wind and sea conditions, (b) the nature of the incident and (c) the exact actions of both boats as to whether or not W had ‘roomto keep clear.’Hails by both boats at the time will be very helpful in resolving such conflicts and are strongly encouraged. And to be safe, I always assume that the benefit of any doubt will go to the right-of-way boat (L), so windward boats should stay extra clear. Having said that, I always encourage leeward boats never to hit windward boats because then at least they will not be penalized if the protest committee finds in favor of the windward boat.
