Eric, I assume no collision occurs in your example.

Take this very same situation and ask the question... what if starboard is worried that port is not keeping clear but does NOT tack away at the last moment below port and hail protest as you describe. (flick Port)

They continue on starboard for a beat or two and then decide that port is not keeping clear and they crash tack to go head to wind in front of port and stop their forward progress on starbord. Starboard's expectation was that Port would safely pass in front of them and starboard had avoided a collision and hail protest.

However, PORT is unable to keep clear of starboard who is now head to wind and stopped and so Port's expectation that starboard would sail on allowing them to duck their rudders is now not possible. So while trying to suddenly bear off hits the starboard tack boat.

In the protest room Starboard says... I crash tacked to avoid a collision with port who was not keeping clear. I expected him to pass in front of me... at worst... he would round up head to wind beside me. I am within my rights to avoid a collision at all costs and I thought that my crash tack was the appropriate move to avoid a collision even though I was the ROW boat.

Port says I was absolutely keeping clear and bearing off to just clear starboard transoms. Starboard suddenly and with out real reason panicked and changed course to go head to wind without giving me room and opportunity to keep clear. I bore off and sheeted out to avoid a collision but was unable to avoid him.

What would the jury rule.... with these facts and testimony.


My fleet has a very cautious racer who pulls the escape rip cord early... sometimes he pulls the cord a bit too late as described here in this example and argues that you backed me into a corner and Starboard had no choice, I am sailing with my niece and I am being safe.... You are breaking the rule.

IMO... the ROW boat Starboard must understand the game and the fleet they are racing in with respect to tight crosses. and they have some restraints on their maneuver's that they make under the "I was trying to follow the rules and avoid a collision" rule. in particular... they must give the burdened boat room to respond to their change of course.

The "I took action to avoid a collision" is not a get out of jail free card for the ROW boat.

Your thoughts?