Dear Dr. Rules,
I’m hoping you can help me with and ISAF interpretation problem. A few weeks ago a local sailor known to all for his light air performance on boats he doesn’t own fouled the snot out of me.
It all started as we were approaching the windward mark. We’ll call my boat TB and his CD. TB and CD were both on PORT TACK approaching the mark. TB was inside CD and overlapped. TB reached the 2 boatlength circle first. TB was still overlapped with CD when TB reached the circle, but CD was slightly bow out on TB.
After TB reached the circle, CD tacked onto STARBOARD and fell below closehauled. TB was still inside the circle with an overlap (bow ahead of CD’s transom as per the ISAF rules). TB tacked inside CD with a clear overlap (TB was now bow out) and CD persisted in sailing down on TB and flagged a port/starboard foul.
My question is, who would win in the protest room?
As I read the applicable ISAF cases, TB should win because this isn’t a port/starboard case at all, but rather a room at the mark case and CD owed TB room. CD tacked to Starboard AFTER TB had entered the 2 boat circle with an inside overlap. CD therefore has an obligation to keep clear. Moreover, CD did not break TB’s overlap by tacking so they cannot claim new rights. Finally, CD never sailed above closehauled, thus there is no foul.
Cheers,
Cap’n Crunch
Dear Crunch:
You may be right but maybe not for the right reasons; you left out some important info –
What was the lateral separation before the tack? I am assuming it was far enough apart that you do not consider that CD tacked too close?
My next question is whether you (TB) tacked too close, could CD have avoided TB? If the answer is that TB did not tack too close, I would ask: where would CD have hit TB, on the starboard side or in the transom? I am assuming on the starboard side. Finally, was there contact? I am assuming the answer is no (although if CD’s sailing a borrowed boat, what does he care? I wouldn’t try that in front of some people I know).
If all my assumptions are correct, the applicable rule here is 18.3 “Tacking at a Mark”. This new rule covers a boat tacking within “the zone” which would be you. Your entire preamble of what went on as you sailed along near the port layline has nothing to do with anything. A boat tacking within two boatlengths of the mark (you) really puts itself in “harms way” under this rule because it allows an overtaking or overlaped boat an opportunity to establish a late inside overlap and still have rights. It also limits the inside leeward boats rights in that, if the overtaking or windward boat has to head above closehauled to keep clear (assuming here that he is sailing faster than the boat that just tacked), the tacking boat (TB) is DSQ’d for a tack that would otherwise be legal. In your case, at least according to you, CD did not.
RULING: If no contact, no foul. If contact, CD is outa-here! You ARE the weakest link (sorry)!
That being said, TB, my advice is to always approach the windward mark from no closer than 3 boatlengths from the port layline. Why 3 and not two? Because if you want to stay out of rule 18.3, you cannot be “tacking” within the two-boatlength circle so you need to start your tack outside of it to insure you have completed your tack before you reach the circle. Then you can paste a leebow right on a starboard layliner and if he can avoid contact, even by heading above closehauled, you have not fouled him.
Thanks for the call, next….
