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25. Facts found: Daymare (windward) and Naval Non-Entity (leeward) were
beating on port tack as shown on the left. They were on a collision
course with Zebra Muscles
who was approaching on starboard tack. Daymare asked Naval Non-Entity for room to pass astern of Zebra Muscles but Naval Non-Entity requested that Daymare tack away instead.
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Daymare refused to do
so and squeezed in astern of Zebra
Muscles and collided with Naval
Non-Entity as shown in the diagram
on the left. Both lodged valid
protests.
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Decision: Since Daymare and Naval Non-Entity were both
required to keep clear
of
the starboard boat, Zebra Muscles,
the latter ranked as an obstruction
to both of them. Since they were about meet this obstruction, rule 19 (Room to Pass an Obstruction)
applied. Since
both Daymare and Naval Non-Entity were
close-hauled, rule 20 (Room to
Tack at an
Obstruction) was also a possibility, since Rule 19.1(a) states: "A right-of-way boat may choose to
pass an obstruction on either side."
The preamble to
Section 2C states: "When rule 20 applies, rules 18
and 19 do not." However, since
Naval Non-Entity
did not choose to call for room
to tack, rule 20 did not apply.
Telling Daymare to tack
but then not
tacking herself is not an option under rule 20.
In any case, if Naval Non-Entity wants
"room to tack" to keep clear of Zebra
Muscles, she needs to hail in plenty of time to give the
windward boat (Daymare)
ample time to respond. Plenty of time also needs to include time for a
second hail, if the first gets no reaction. Thus Naval Non-Entity has let her
"window of opportunity" go by even as she reaches her position in the
top diagram.
Therefore
rule 19 applies. Under rule 19.2(b), Naval
Non-Entity was required to give Daymare room to pass the obstruction, Zebra Muscles. She did not do so
and is therefore disqualified.
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Case #25
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