Originally Posted by John Williams
At a recent event with big waves, coming to the line, I had a team that had already been stalled by a leeward boat begin sliding down the back of a wave; their sails were still on the starboard side of the boat, but they were moving backward at a knot or two, pumping rudders and yelling, and the wave had forced them past head-to-weather. We initially were set up to roll them close; we had speed and there was room. As soon as I saw them stall, I called for an aggressive duck, blew the jib and flattened out so the skipper had max visibility. As they fell down the back of the wave, our room to duck disappeared and we clipped their port stern with our starboard bow. I think if it had gone to the room, the decision would hinge on the position of the sail; the fact they were backing up wasn't the determining factor.

An interesting situation. Wouldn't blowing the jib make it harder to duck? Also, if the other boat had passed head-to-wind, wouldn't your bow have clipped her on her starboard stern - not port?

As presented, I can see it going one of two ways in the room:
  1. Because A had passed head-to-wind, rule 13 (while tacking) applied and she was required to keep clear of B (on starboard tack). Because she did not, she would be penalized. Because it was not reasonably possible for B to avoid contact, B did not break rule 14.
  2. If A had not passed head-to-wind, it could still be argued that even though her bow was pointed into the wind, A in fact changed course (from moving upwind to moving downwind). In this case, rule 16.1 would apply and A would be obligated to give B room to keep clear. Since B was unable to keep clear, A would be penalized. B would be exonerated under rule 64.1(c).
You are right that either way, A was not backing her sail so rule 21.3 is not relevant.

Regards,
Eric