3 November 2003

Summary of the case:
During race 2 of the 2003 Keelboat Week on Vaaldam, organised by Deneysville Aquatic Club, Aquafox, a Holiday 23, rounded the leeward mark and hardened up to a closehauled course on port tack. She was clear ahead of African Fire, a Mount Gay 30 and her genoa was not yet fully hoisted. African Fire was travelling substantially faster and attempted to overtake to windward about one metre away. When African Fire had drawn slightly ahead of level with the leeward boat they made contact. The appellant maintains that contact first occurred between the masts of the vessels when Aquafox came upright due to the wind shadow of African Fire. Hull contact also occurred but which was first is not relevant to the case. The key fact is that there was contact. The mainsail of African Fire was torn by the collision and she retired. African Fire protested and the protest committee decided that African Fire was not given room to keep clear in terms of RRS 14 and granted her redress. Aquafox appealed this decision.

Finding:
Aquafox was the right of way boat and African Fire was obliged to keep clear in terms of RRS 11. The attempt by African Fire to pass to windward only one metre away was ill advised and to suggest that she was not given room to keep clear is to negate her obligation. The appeal is upheld. African Fire is disqualified from race two.

Comment:
Rule 11 requires a windward boat to keep clear of a leeward boat. The leeward boat is entitled to luff to prevent the windward boat from passing her but this right is limited by Rule 16. The Appeal Committee does not consider that Rule 16 was breached in this case and the bigger and faster African Fire was courting trouble in following the course that she did. The Protest Committee erred in granting redress without finding that a Rule of Part 2 had been breached (62.1 (b))

SAS Appeals Committee