They think that 16..2 means the ROW boat is restricted from sailing puffs, headers and lifts or changing gears from point mode to foot mode going into a cross...
That is exactly what rules 16.1 and 16.2 do. They restrict a "right-of-way" boat's ability to change course when a "give-way" boat is avoiding her. "Course" under the rules means "compass course", not "close-hauled course". So, if a close-hauled port-tack boat (P) is crossing a close-hauled starboard-tack boat (S), then S must either maintain her course, or change course in a way that gives P room to keep clear. If S happens to get a lift, she can't follow it up if that action would prevent P from keeping clear (RRS 16.1). Likewise, if P is ducking behind S, and S gets a header, she cannot turn down onto P if P would have to immediately change course to keep clear (RRS 16.2).
Port needs evidence that port changed course to duck and starboard changed course and changed course again solely to get them.
Intent is not part of rule 16.2, only action. Intent is virtually impossible to determine in a protest hearing, which is one reason why some of the rules were rewritten in the last rules change.
So I take 16.2 as a limit on Starboard actions.
Precisely!
Port should either be clear ahead and crossing... or clearly ducking and keeping clear.
What am I missing?
I think you are over-simplifying and overstating S's "rights". Rule 10 (Opposite Tacks) does not give a starboard-tack boat carte blanche. Her actions are limited by rules 14, 15, 16, 18, and 19.
Sincerely,
Eric
US SAILING Certified Judge,
Member, Area D Appeals Committee
