I often wish that the Racing Rules of Sailing did not use the term "right-of-way". Sailors frequently take it to mean that a boat has the right to do whatever she pleases, or, that no matter what else happens, she is "in the right". How many times have you heard a skipper claim "I have rights"?

Unfortuantely, that isn't what right-of-way means. The preamble to Part 2 Section A (Right of Way) states "A boat has right of way over another boat when the other boat is required to keep clear of her". That's all. "Right-of-way" is a shorthand expression meaning that the other boat must keep clear, nothing more. It does not imply any special privileges nor does it abrogate a boat's other responsibilities. The preamble goes on to say "However, some rules in Sections B, C, and D limit the actions of a right-of-way boat". Whenever two boats meet, there are requirements laid on both of them.

Instead of reading the rules as granting "rights", think of them as imposing "obligations". Rules in Section A (10 "On Opposite Tacks", 11 "On the Same Tack, Overlapped", 12 "On the Same Tack, Not Overlapped", and 13 "While Tacking") impose the obligation to keep clear. Rules in Sections B, C, and D place additional obligations, some on one boat, some on the other, and some on both.

Rule 14 "Avoiding Contact", for example, requires a boat to "avoid contact with another boat if reasonably possible". When two boats meet, both share that obligation.

Rules 15 "Acquiring Right of Way" and 16 "Changing Course" place an obligation on the right-of-way boat. They detail the circumstances when she must give the other boat room to keep clear.

Rule 17 "On the Same Tack; Proper Course" restricts a leeward boat from sailing above her proper course.

Rules 18 "Mark Room", 19 "Room to Pass an Obstruction", and 20 "Room to Tack at an Obstruction" detail the room one boat (and it could be either) must give another at a mark or obstruction.

I don't mean to provide a complete enumeration of a boat's obligations under the rules. The rule book is full of things a boat must do and things a boat must not do (rule 1.1 requires a boat to give all possible aid to any person or vessel in danger; rule 28 requires a boat to sail the course; rule 31 requires a boat to not touch a mark; etc.). In an encounter on the water, it's entirely possible for the give-way boat, the right-of-way boat, or both boats to meet, or fail to meet the requirements of the rules.

So, realize that "right-of-way" does not give a boat complete freedom. Don't get caught up with a boat's "rights". Focus on a boat's obligations instead.

I hope that helps,
Eric
US Sailing Certified Judge
Chair, SAYRA Appeals Committee