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37. Facts found: Iceberg was overtaking Titanic Too on a broad reach in 10 knots of breeze since she
was flying a spinnaker but Titanic was not. The boats were sailing parallel
courses, about one half boatlength apart,
as shown at far left until Iceberg's bow was about half a length aft of the
bow of Titanic Too. At
this point, Titanic luffed rapidly. Iceberg responded immediately
but could not avoid a collision. Titanic
lodged a valid protest. Iceberg
did not do penalty turns.
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Ruling:
Titanic
was the right-of-way boat under rule 11
and was not limited to sailing no higher than her proper course under rule 17 since she was not a boat clear astern
that had become overlapped
to leeward. As
right-of-way boat, Titanic
was, however, bound by rule 16.1
to "give the other boat room
to keep clear"
if she (TT) changed course. Iceberg
did take avoiding action "promptly in a seamanlike way" but still
collided with Titanic.
Therefore Titanic
Too
has broken rule 16.1 and is
disqualified even though Iceberg
did not lodge a protest (see rule 64.1(a).
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Case #38
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