One boat keeps clear of another if the other can sail her course with no need to take avoiding action and when the boats are overlapped on the same tack, if the leeward boat can change course in both directions without immediately making contact with the windward boat.
Excellent, you have finally understood.
The immediately is the critical thing here, you are far enough apart that the contact will not be instant, so giving the other boat time to avoid.
QED.
Duh - that's what I've been saying all along (several times). The windward boat is obligated to keep that gap. Shakes head......
Tiger Mike
Duh yourself, Do you understand that you CANNOT just throw the tiller over ?
The words
immediately making contact with the windward boat are critical in this. This means that the windward boat
MUST have time to respond to the luff.
If the sequence of events is Luff, crunch; then the leeward boat is wrong as there was not time for the windward boat to avoid the actions of the leaward boat.
If the sequence is Luff, <a bit of time, and this time depends on the class of boat>, windward boat fails to take avoiding action, then windward boat is wrong.
Ok - lets take a step back.
"slinging the tiller over" is probably a bad term - I am assuming we are talking about rounding up somewhat to make a mark and not a crash tack although the same argument would still apply.
Now - it is agreed - Rule 16 says the right-of-way boat must give the other room to keep clear when it changes course
but.....
Rule 12 covers overlapping boats and says the windward boat must "keep clear". The definition of "keep clear" specifically permits the leeward boat to change course as it sees fit without making immediate contact - thus planting the onus squarely on the windward boat to maintain enough "room" that it can do such.
Now rule 14 is important when the overlap is established (initially giving room to keep clear if applicable) however this is irrelevant to our debate.
The devil is in the wording of the rules and in this case it's very clear - windward boat is obligated to maintain enough room between the two boats such that the leeward boat can change course as it sees fit without making immediate contact.
If there is contact then the windward boat was clearly not keeping clear and should be appropriately penalized. The leeward boat might be in rule 14 trouble however as specified in 14.b it shall not be penalized under this rule unless there is contact that causes damage. As for what constitutes damage - I'll leave that for another debate.
I have won several protests in exactly this situation.
Cheers,
Tiger Mike