Let's begin with the rules I've seen quoted that don't apply:

• RRS 15 "ACQUIRING RIGHT OF WAY" does not apply. Yellow was clear ahead at the beginning, became leeward boat when overlapped, clear ahead, and leeward again. Throughout all that maneuvering, Yellow had right of way. She did not acquire it along the way. Blue did not acquire right of way until she passed Yellow at the very end.
• RRS 17 "ON THE SAME TACK; PROPER COURSE" does not apply. Yellow did not become overlapped from astern (she was ahead). Blue did not become overlapped to leeward (she passed to windward). Neither boat was restricted from sailing above her proper course.

Now, onto the rules that do apply:

• RRS 11 "ON THE SAME TACK, OVERLAPPED" at the times the boats were overlapped, Blue (windward) was obligated to keep clear of Yellow (leeward).
• RRS 12 "ON THE SAME TACK, NOT OVERLAPPED" at the times the boats were not overlapped, Blue(astern) was obligated to keep clear of Yellow (ahead).
• RRS 16.1 "CHANGING COURSE" when Yellow changed course, she was obligated to give Blue room to keep clear.
• RRS 64.1(c)"Penalties and Exoneration".
• Definition of Keep Clear.
• Definition of Room.

Now, the definition of "Keep Clear" reads (in part):
If the boats were only "inches" apart at times, then it is very likely that had Yellow (leeward) changed course any further, she would have immediately made contact with Blue (windward). If so, then Blue was not keeping clear and broke RRS 11.

The definition of "Room" is:
From the description, it sounds like Blue acted promptly in a seamanlike way throughout the encounter. I think Blue has a good argument that Yellow did not give her room to keep clear as required by RRS 16.1.

If the protest committee finds that Blue was compelled to break RRS 11 by the illegal action of Yellow (breaking RRS 16.1), then Blue would be exonerated under RRS 64.1(c), and Yellow penalized under RRS 64.1(a).

In all honesty, however, I think most protest committees would rule that Blue kept clear and therefore neither boat broke any rule. It is possible (depending on how the PC determines the facts) for this protest to go either way. <edit addition> I should say that this would be a difficult protest to win. The most likely outcome is no foul. The next most likely outcome is Blue is disqualified. Protest Committees will most often side with the right-of-way boat, unless the give-way boat can demonstrate that the other boat's action made it impossible for her to keep clear, despite her best and most seamanlike action. Blue has to make a very compelling argument in order to win. <end addition>

Some instructive cases are:

Capsizing is not considered "seamanlike". If a leeward non-spin boat rounds a windward spin-boat up so high that she capsizes, then the leeward boat breaks rule 16.1.


This means that Blue was not obligated to anticipate Yellow's actions, only to respond to them (contrary to previous posts).

I hope that helps,
Eric Rasmussen
US Sailing Certified Judge