Has there ever been a case where someone's published words... to the effect that "I have a blind spot and have difficulty keeping a proper lookout with my spinaker up" been used against them in a protest hearing.
I don't know of an authoritative source that matches that scenerio exactly, but here are some that are instructive:
Rule 14 begins 'A boat shall avoid contact with another boat if reasonably possible.' This requirement means a boat must do everything that can reasonably be expected of her in the prevailing conditions to avoid contact. This includes keeping a good lookout...
In this case, a right-of-way (ROW) boat was disqualified under rule 14 because she could have reasonably avoided contact if she had kept a good lookout. The boats were keelboats with genoas rather than catamarans with spinnakers, but both were in each other's blind spots and their bowmen were busy handling sails. I think this case translates pretty well and clearly indicates that a cat under spin is still responsible for knowing what's in front of her - whether she has right-of-way or not.
The fact that a boat required to keep clear is out of control does not entitle her to exoneration for breaking a rule of Part 2.
The rules do not excuse poor seamanship. You are responsible for maintaining control of your boat.
When she cannot see behind an obstruction, an obligated boat must anticipate what might appear from the other side of the obstruction.
A boat is not required to anticipate that another boat will break a rule.
When you can't see what might be behind an obstruction, it is your duty to anticipate the appearance of a ROW boat. It is not their job to expect you.
A right-of-way boat need not act to avoid contact until it is clear that the other boat is not keeping clear.
When a protest committee finds that... there was not a genuine and reasonable apprehension of collision..., it should dismiss her protest. When the committee finds that... there was reasonable doubt that P could have crossed ahead of S if S had not changed course, then P should be disqualified.
A ROW boat is not required to take avoiding action until it is clear that the give-way (GW) boat is not. However, in many instances that may be too late. Therefore, a ROW boat is permitted to take avoiding action when she has a "genuine and reasonable apprehension of collision". If she does, then the GW boat breaks a rule. A 16-18ft catamaran under spinnaker going 20kts sails roughly 2 boat-lengths per second. If you assume that a ROW boat needs 5 seconds to execute an avoiding maneuver (such as tacking), then it is reasonable if she acts when the GW boat is 10 boatlengths away. The spin-boat in question would then have broken rule 10 or 11 (whichever applied).
I hope that helps,
Eric
