BSR Protest 23 vs. 14

Below is the decision from the protest committee for the protest in race 3 of the Black Star Regatta for your information.

Facts Found:
1. Bow #14 (Yellow) rounded the windward mark clear ahead of Bow #23 (Blue).
2. #23 overtook #14 between the windward and offset mark and became overlapped to leeward of #14.
3. As #14 rounded the offset mark there was no room between #14 and the offset mark for #23 to pass the mark.
4. #23 hit the offset mark and did not take a penalty.

Rules that apply: 11, 12, 18, 31 and 44

Conclusions:
1. There is reasonable doubt that #23 established an overlap before #14 reached the zone. Therefore by Rule 18.2 (d) it is presumed that she did not.
2. #23, clear astern when #14 reached the zone, did not give #14 mark-room to sail her proper course at the mark. #23 broke rule 18.2(b).
3. #23 hit the offset mark and broke Rule 31 but did not exonerate herself as allowed by Rule 44.
4. As #14 rounds the offset mark to her proper course, as windward boat she did not keep clear of #23 and broke Rule 11.

Decision:
By Rule 64.1(a) #23 is DSQ from Race 3 of the Black Star Regatta for breaking Rules 18.2(b) and 31. #14 is exonerated for breaking Rule 11 by Rule 18.5(b).

Season Champion's Clinic

Today was a glorious day to be out on the water. Derek DeCouteau, last year's season champion, walked us through how he sets up the boat in the various wind conditions. One of the things I like about our fleet is that if you have a question about the boat all you need to do is ask. If you got nothing else from his talk, remember to use the lower back stay as a throttle in the light to medium wind we sail in on Budd Inlet. Pull it on to power up and ease it to de-power, but don't forget to get it off as you head down wind or you'll join our order of the mangled mast. Joseph Donnette helped with the demonstrations of the various controls by setting up his boat at the dock.

We had a large group for the shore talk. So many in fact, the floating dock at Westbay Marina was at the limit with the water near the top of the dock. I think Derek's advice was good to look at the Tuning Guides for North and Quantum and the technical articles on the Star web site. these are links to the various sites where the information can be found.

After the shore talk 12 boats went out in ideal conditions for a sailing clinic. The winds were about 4 knots from the north, with occasional puffs up to 6 knots. Perfect for trying out our lower back stay throttles. Derek and Bill put us through down speed tacking and gybing drills, and it was a bit like herding cats trying to get us all in line for the start of the tacking drills, but they got it done.

Thank you Derek for putting this on for us. I know it will help us all as we get ready for the Black Star Regatta next week. Those of you that didn't make it to the clinic, watch out!!!

Fun Scenario 2

What do you think of this one.

The Intended answers from US Sailing are:
1. Yellow breaks Rule 10.
2. Blue breaks no rule
3. Yellow is not exonerated for breaking Rule 10 because she does not do her turns in accordance with Rule 44.2.

The explanation given by US Sailing is that Yellow must first get well clear and then do two uninterrupted turns. If this were to occur in one of our races I do not believe I would be compelled to protest Yellow unless there was some sort of advantage gained. In the scenario shown I see no advantage to Yellow. It is not always easy to anticipate what others are going to do in a race and as the boat doing the turns you are required to keep clear of others and if that obligation requires you to sail clear I'm satisfied if you interrupt the turns to keep clear. If the turns were done as shown in the absence of other boats then I would protest.

Fun Scenario 1

Yellow and Blue sailing dead down wind approximately ¾ boat lengths apart. Yellow’s helmsmen looked away for a moment at position 3 and blue gybed without altering course causing their booms to touch. There was no damage or injury.

Who should be DSQ if no penalties are taken?

Intended Answer:

Like it or not Yellow is DSQ for rule 10 in this case.

Unlike tacking (rule 13) there is no rule that says that you must keep clear while gybing. Rule 15 does not apply in this case because Blue is ROW at both position 2 and position 3. She is not aquiring ROW by gybing. Rule 16 does not apply because Blue does not change course. However, I would argue that even if Blue changes course away from Yellow as she gybes she will not break rule 16 if thier booms touch because the course change would not have caused the contact or prevented Yellow from keeping clear. In fact, she would prove more difinitively that Yellow was not keeping clear since even though Blue was moving away from Yellow there was still contact.

The moral of the story here is that if you are Yellow you need to give more space between you and Blue and concern yourself with her boom should she gybe.

Rule 19 Scenario 2

Yellow and Blue were sailing toward the finish and Yellow was sailing faster and overtaking Blue. At the zone Yellow was clear astern of Blue. At 2 lengths from the mark Yellow became overlapped with Blue and asked for room at the committee boat. Blue hailed protest and sailed on her course until just before she finished and turned up to give Yellow enough room so that her hull could clear the committee boat but Yellow’s boom hit the committee boat and she hailed protest.

I have posted the definitions on the side bar for your reference when looking at the scenarios.

I have to admit that I called this a rule 19 scenario to highlight that when an obstruction is a mark that rule 18 not rule 19 applies unless it is also a continuing obstruction. In this case the RC boat is not a continuing obstruction so 19 does not apply. I did catch one commenter on this, but most were not fooled.

The Intended answers are as follows:

1. At position 1 who has right of way? - Blue by rule 12

2. At position 1 who is entitled to mark-room? - Blue by rule 18.2(b)

3. At position 2 who has right of way? - Yellow by rule 11

4. At position 2 what rule(s) does Blue break and what rule(s) does Yellow break? - Blue Breaks no rule; Yellow breaks no rule. My reasoning here is that Blue is initially allowed room to keep clear by rule 15 so she is not breaking rule 11 at position 2 because she has not yet had time to react to Yellow gaining right of way, and Yellow is not so close at position 2 that Blue can't keep clear. We can disagree about when exactly when Yellow breaks 18.2(b), but my interpretation is that it will occur when Blue can no longer sail to the mark, and Blue has not yet altered course to avoid Yellow at position 2.

5. At position 3 what rule(s) does Blue break and what rule(s) does Yellow break? - Blue breaks rule 11 and Yellow breaks 18.2(b) and rule 31. Blue did not keep clear of Yellow at position 3 and Yellow did not give Blue mark-room.

6. Who should be DSQ, Yellow, Blue, or both? - Blue is exonerated for breaking rule 11 by 18.5(a) because of Yellow's failure to provide mark-room. Yellow is DSQ for breaking rule 18.2(b). She was compelled to hit the mark by Blue breaking rule 11 and can be exonerated for this by rule 64.1(c), but not for breaking rule 18.2(b)

On the subject of losing exoneration. I do not agree that it is lost when Blue finishes. It is clear that Blue breaks rule 11 because of Yellow's failure to give mark-room even after she finishes. Rule 18 does not have a specific time when it turns off and as long Blue needs mark-room she should be given it by Yellow. I am relying on Dick Rose's paper for this interpretation where he says (see the link on the side bar):

"When rule 18 ceases to apply: The old criterion for rule 18 ceasing to apply (when the boats ‘have passed’ the mark) has been deleted and not replaced. The new rule’s principal obligation, for one boat to give another mark-room, applies until it is no longer needed."

In this case mark-room is no longer needed when Blue clears the finish mark.

Rule 19 Scenario 1

We will now review at a few cases looking at how the new Rule 19 works.

Yellow, Blue and Green were sailing on a run with Yellow and Blue approximately a boat length apart. At position 1 Green is clear astern of both Yellow and Blue. At position 2 Green, sailing faster, obtains an overlap with both Yellow and Blue. When the overlap starts there is not adequate space for Green to pass between Yellow and Blue. After the boats travel approximately 2 hull lengths Yellow must alter course to keep clear of Green. At no time does either Green of Blue alter course.

Questions:
1. At position 1, who has right of way Yellow or Green?
2. At position 2, who has right of way Green or Blue?
3. At position 3, what Rule(s) were broken by Green?
4. At position 3, what rule(s) were broken by Yellow?

CASE BOOK NOW READY!

You can now get a copy of the new 2009-2012 Case Book. I'll keep a link on the side bar for your use.

For the fun of it I've posted the old and new Case 75 that is key to the understanding of new Rule 18. Take a look at the two and see how the new rule works as compared to the old. The outcome is the same but there are some differences to note.

Rule 18 Scenario 6

Answer the questions as a starting mark as given in the question, then answer the same questions assuming it is a finish mark.

This scenario was right out of the case book. I've attached ISAF Case 28 from the 2009-2012 Cases for your reference, and it explains the rules involved better than I could. As for the case where it is a finish, Rule 18 does not apply per 18.1(a) since they are on opposite tacks on a beat to windward.

Rule 18 Scenario 5

Let's see how the rules work with a down wind start.

Well our fleet has gone sailing and not giving answers, any takers on the following: This situation is changed to a downwind finish. Answer the same questions.

The point of this exercise was to think about how the rules and result are different when Rule 18 doesn't apply when approaching the starting mark surrounded by navigable water when approaching to start, and when you apply Rule 18 when it is a finish mark. You should have noticed that the resulting boat being DSQ can be different in the 2 cases depending on the facts. Let's look at this again with the next scenario.

Rule 18 Scenario 4

At 3 boat lengths Blue is overlapped inside Yellow on a course directly to the mark. At position 2, Blue heads up slightly to make more room to make a tactical rounding. At position 4 as Blue heads down to gybe Yellow heads up to pass head to wind and tack. At position 6 Yellow hails, “I NEED ROOM!” and Blue hails, “NO ROOM!” At position 7 there is contact between Yellow and Blue and Yellow hits the mark. There is no damage or injury as a result of the contact.

1. At position 1 who is entitled to mark-room?
2. At Position 6 who is entitled to mark-room?
3. At Position 7 what rule(s) does Blue break?
4. At Position 7 what rule(s) does Yellow break?
5. Who should be DSQ: Yellow, Blue, Neither, Both?

Rule 18 Scenario 3

I've add ISAF Case 75 for reference. I have it on good authority that this will be in the new case book with updated rule citations.

At 3 boat lengths Yellow is overlapped inside Blue on a course directly to the mark. At position 2, Yellow heads up slightly to make more room to round wider and sail close hauled at the mark. At position 3 Blue hails Protest! You’re taking too much room! At position 4 as Yellow gybes her stern swings into Blue’s boom. There is no damage or injury as a result of the contact, but Yellow’s daughter, who is crewing, nearly has a heart attack and vows never to sail with her father again unless there is money involved!

1. At position 1 who has right of way?

2. At Position 3 what rule(s) does Yellow break?

3. At Position 4 what rule(s) does Blue break?

4. At Position 4 what rule(s) does Yellow break?

5. What Rule limits the room Yellow can take?

6. Who should be DSQ: Yellow, Blue, Neither, Both?

7. What redress is Yellow entitled for his daughter’s psychological 'damage'?

I've moved the intended answers to the comments to save space.

New Appeals Are Published

Although ISAF has not published the cases yet, US Sailing has published their appeals updated for the 2009-2012 rules. These appeals complement the ISAF Cases but they only have standing in the US, although I'm sure others use them as well. Until ISAF publishes their case book these are the most definitive interpretation of the rules that we have. Above I've posted Appeal 20 both old and new. This is similar to our scenario 2. Read the two cases and you will see how the rules have changed in nuance, but not in the result on the water. Also note the difference in the Rule 14 determination in the two decisions.

If you are a member of US Sailing you can download a copy of the new appeals at http://www.ussailing.org/appeals/ If you are not a member of US Sailing, but a member of our Star fleet, contact me and I'll get you a copy of the appeals.

After reading the appeals above answer the following questions:

1. How are the facts the same or different between Appeal 20 and Scenario 2?

2. Does this appeal impact how you would decide the case in scenrio 2?

Rule 18 Scenario 2

Facts of the Scenario:

At 3 boat lengths Yellow is overlapped with Blue. Blue is sailing on a course toward the mark. She continues on this course until she reaches 2 boat lengths and then turns down to give room to Yellow at the mark. At position 3 Yellow turns down to sail to the mark and her boom makes contact with Blue. They round the mark without further contact.

1. At position 2 who has right of way
2. At position 2 what rule(s), if any, does Blue break
3. At position 2 what rules(s), if any, does Yellow break
4. At position 3 who has right of way
5. At position 3 what rule(s), if any, does Blue break
6. At position 3 what rule(s), if any, does Yellow break
7. Who should be DSQ; Blue, Yellow, neither

In response to Dick's comments and to stimulate conversation about Rule 14, I add the following facts to the scenario: Yellow's boom hit Blue's hull scratching it, requiring buffing to remove the scratch.

Does this constitute damage requiring disqualification under Rule 14? If yes, who should be disqualified? If no, why not?

Rule 18 Scenario 1 Poll

Okay it's time to decide this case. Vote on how you would decide this case in the poll on the sidebar.

1. DSQ Yellow

2. DSQ Blue

3. DSQ Both

4. DSQ Neither

Rule 18 Scenario 1

I am going to post a series of Rule 18 Scenarios to highlight some of the issues to think about at the leeward mark. There are no cases published yet, so we will need to rely on what we have been told by Dick Rose at the seminar and the paper he has published for the correct way of interpreting new Rule 18. I have emailed the paper to you all. For those of you that did not get a copy of the paper, I've added a link to it on the side bar.

Here are the facts of this scenario:

Blue, Green and Yellow are sailing on starboard tack toward the leeward mark to be left to Starboard. The waves 1-2 feet, and the wind is 10 knots. When Green and Blue reach the zone Green is overlapped inside Blue and Yellow is not overlapped with either boat. At position 3 Yellow is sailing with more speed, sees a space and moves inside Blue. At position 4 Blue luffs head to wind to stay out of Greens bad air and to “close the door” on Yellow. Yellow immediately responds to avoid Blue, but is forced into the mark and Blue is forced to bear away to avoid contact with Yellow. Blue protests Yellow for breaking Rule 18.2(b) and Rule 11. Yellow protests Blue for breaking Rule 16.1.

How do you decide this case?

A good discussion and I will summarize the issues and give you how I would decide it based on the facts in the Scenario.

1. You should notice that there is a major change in the rules that applies to this scenario. Under the old rules rule 16 did not apply to a right of way boat that was changing course to round a mark (Rule 18.2(d)). In this case the right of way boat is Blue and she changed course head to wind to round the mark so Rule 16 didn’t apply under the old rules. Yellow would be DSQ under Rule 11 because she forced Blue to bear away to avoid her and she was not entitled to room by Rule 18.2(b). There was no need to discuss proper course because the rule was just turned off. The new rule has a new Section 18.5 Exoneration that says a boat will be exonerated by part (b), “if, by rounding the mark on her proper course, she breaks a rule of Section A or Rule 15 or 16.” Now you need to determine if the boat was rounding to her proper course to be exonerated for breaking a rule of Section A or rule 15 and 16.

2. Did Blue break Rule 16? Rule 16.1 says, “When a right-of-way boat changes course, she shall give the other boat room to keep clear. Room is, “The space a boat needs in the existing conditions while maneuvering promptly in a seaman like way.” When Blue forces Yellow into the mark Yellow was not able to maneuver in a seaman like way so clearly Blue breaks rule 16.1.

3. Did Blue sail her proper course? Because Blue was clearing her air I believe this can be considered her proper course and she should be exonerated by Rule 18.5. If you take Green out of the scenario, I would not exonerate Blue under 18.5 because luffing head to wind can not then be justified as a proper course.

4. This last issue was pointed out to me by my 13 year old daughter. Wasn't Yellow compelled to break the rules by Blue’s breach of 16.1, so shouldn’t she then be exonerated by 64.1(c)? Has my daughter found a flaw with the new rule structure of not turning off certain rules but just exonerating a boat for a breach of the rules? I frankly can’t find a way out of this. Anyone else have any ideas? perhaps 64.1 needs to be rewritten so as not to apply 64.1(c) when the other boat is exonerated by another rule.

My decision, until convinced otherwise, is to exonerate both Blue and Yellow. Blue under 18.5 and Yellow under 64.1(c).

I have been convinced that Yellow still breaks 18.2 (b) and cannot be exonerated under 64.1(c) for that. She can be exonerated for hitting the mark but would still be DSQ for 18.2(b). And, if we decided Blue didn't sail her proper course then Blue would be DSQ for 16.1 and Yellow would not have broken 18.2(b) and would be exonerated under 64.1(c) for hitting the mark. Oh well it was fun while it lasted.

Rules Quiz #5

I posted this quiz to highlight a change in the rules. If you were not aware 17.2 is deleted in the new rules. This rule didn't allow yellow to sail below her proper course. Therefore, under the old rules at both position 2 and position 5 yellow would have broken old rule 17.2. As I think this scenario demonstrates this rule is completely unnecessary. There are plenty of rules to protect the leeward/clear astern boat on a run. I can honestly say I routinely ignored 17.2 coming into a leeward mark when trying to make sure there was no overlap at the zone.

As for the correct answer all were correct that Yellow should be DSQ. I think the writers of the question failed to give us an important piece of information. Was there an overlap established when yellow turned down between positions 4 and 5? Since the question did not indicate an overlap, I would say technically the correct answer is Yellow breaks Rule 16.1, and Blue breaks Rule 12 and is exonerated. However, practically looking at the diagram it is hard to see how yellow can turn down as she did and not create an overlap. So a Rule 11 violation for Yellow and 16.1 for Blue with Blue being exonerated, is also a reasonable answer. Either way Yellow is DSQ and Blue is exonerated.

Rules Quiz #4

I think this has been an interesting discussion the answers given by Dick and Brass were spot on. We all have to remember that although they haven't defined continuing obstruction, they have defined what it is not, "a vessel underway including a boat racing is never a continuing obstruction". This has changed a few things in the rules and some of the cases and appeals will need to be updated for this change. Under the old rules Vicky's interpretation could have been correct with yellow being a continuing obstruction. But, not with the new definition of obstruction.

If you get a chance go to the SA post by Brass. It is evident that the way that rule 20 is now structured has many confused as to what are the responsibilities of the hailed boat when there is an improper hail. In the old rules the rule didn't apply in certain circumstances and the hailed boat could safely ignore the hail without breaking the rule in those cases. This does not appear to be true any more. It seems that the hailed boat must respond to the improper hail and then protest. I assume this was changed due to concerns over safety if the hail is ignored.

Bring your questions to the seminar tomorrow and we'll see what insight Dick Rose can give us.

I've posted a case and an appeal for a response to Dick's comment.

Meeting Notes/Bill Receiving US Sailing Leadership Award

Bill Honored by US Sailing

Bill Received the US Sailing Leadership award. You can go to Tugboat Annie's to view the award in the trophy case.

Bill Buchan wrote a nice letter that Steve read at the presentation. Go to the link below to read it.

http://www.ssssclub.com/a/billaward.htm#link

Meeting Notes

On Wednesday January 14th we had a meeting to discuss the upcoming season. We had to relocate the meeting to the TYLI conference room due to a scheduling conflict with the Viewpoint Room at Westbay. The following is an outline of the discussion:

1. Schedule - A proposal was made to modify the racing schedule to race every Monday rather than the current alternating Monday-Thursday schedule. The first race will be Monday May 4th with two series running concurrently so that on alternate Mondays will be different series. If you can't make it every week you can pick a series to attend on alternate Mondays. The motion passed and the racing schedule will be modified on the SSSS website.

2. Race Fee - A proposal was brought to charge a $20 race fee to help cover the cost of race management. The fee is to be paid by the end of the first series or you will not be scored in the series. It would be preferable to pay the race fee at the launch. The treasurer (Myra) will collect the fee. The motion passed.

3. Launching and Moorage - There will be two launch dates the last week in March and 2 weeks later April 11th. The Launch fee is $25 and the moorage fee is $25/month ($150 for the summer). Same as last year, what a bargain!!

4. Black Star - Myra will be heading up the effort for the Black Star again and the first meeting will be January 26th at George and Betty Hanson's house. The raffle will be scaled back this year because of the effort involved, and she would like to raffle some items at the SSSS meetings and just have a few nice items to raffle at the Regatta. Jack De Meyer as offered to do RC again this year. Thanks Jack!! We have had some ideas floated for the T-shirts, and we need them brought to the first meeting for discussion.

5. Districts - BISF is hosting the Star District Championships this year on August 8th and 9th. We are going to make it similar to the Black Star with various divisions. Awards will be given for each division, but to be eligible for the district championship you will need to meet the requirements of the class. Derek was concerned about the wind in August and Bill appointed him wind czar for the regatta. An organizing committee will be formed later this year after the Black Star.

6. Sailing Instructions - Without objections the sailing instructions will remain essentially the same as last year with the Rules being changed to the current RRS 2009-12.

7. Sailing Instruction - Some indicated that they would like to have another sailing clinic and perhaps something once a month like the video that John Thompson showed last year. Norm will try to arrange the Visser Clinic again this year, and we will try to get something for February and March.

Please comment if you have anything to add to the notes

Rules Quiz #3

This is a typical situation. Let's see how the new rules apply and if there are any game changers. There is one additional question I would like to add.

7. At position 3 who has right of way White or Blue?

If you got your new rule book you will have noticed that there are some important differences in the structure of the rules at marks. In the old rules your position was set at the zone but the rule didn't turn on until you were "about to round or pass the mark" and room was only defined as the room necessary to pass the mark. Now mark-room is defined as "room to sail to the mark and to sail your proper course at the mark" and the rule is turned on when the first boat reaches the zone (which is now 3 boat lengths) not when you are about to round or pass a mark. So as an outside boat, the requirements for providing mark-room starts much earlier in the rounding in the new rules.

Another important difference is that previously the rules of Part C took precedence over the rules of Parts A and B (read the preamble to part C in the old rules). This is no longer the case. In effect the rules in Part C now act more like limitations to the right of way boat rather than changing who has right of way. In this way the Part C rules now act more like the Rules in Part B. This is semantics in some ways, but it makes the new rules more consistent than the old Part C rules.

I think in the end most got the correct answers. I've posted Case 59 that covers the situation in this quiz for your reference. Note that the cases have not yet been published for the new rules so the rules called out in the case are for the old rules.

Here are my "official" answers to the quiz:

1. No - Orange reaches the zone and White does not have an overlap so White must give Orange mark-room per rule 18.2(b).

2. Yes - White has is overlapped with Blue when she reaches the zone so Blue must give mark-room to White.

3. Yes - Same reason as 2 above.

4. Blue - Green is clear astern at position 2 so by Rule 12 Blue has right of way.

5. Blue - Green is overlapped to windward of Blue at position 3, so by Rule 11 Blue has right of way.

6. No - Green must give Blue mark-room because there was no overlap at the zone so she better be careful to give Blue room to sail her proper course at the mark.

7. Blue - Blue is leeward boat and has right of way by Rule 11. But she
is limited by Rule 18.2(b) and must give mark-room to White.

Rules Quiz #2

This was an interesting question because of the part that said that Yellow admitted to breaking the rules purposely to help her position. This is a clear violaton of Rule 2, Fair Sailing. Also, as Dave pointed out Rule 41.1(b) is pretty clear that if you break a rule and it gives you an advantage, then you must retire. So in this case Yellow breaks Rules 2, 11 and 41.1(b) and should be disqualified with the score not being excluded from her series score (DNE). Vickie’s Answers were spot on.

Now to the question of Rule 69 and “Gross Misconduct”; Case 65 demonstrates what is required to constitute a violation of Rule 69. In Case 65 the individual knowingly broke a rule and went out of their way to hurt another competitor. I’ve Posted Case 65 for your reference. Rule 69 involves a serious allegation of cheating, which I do not think is applicable in this case.

The other outstanding question is if we can we take a scoring penalty in our Star Racing. The answer is no. The Scoring Penalty must be specified in the Sailing Instructions to be in effect (read Rule 44.1). Also our SI specifies the “Two-Turns Penalty” for a violation of the rules of Part 2 (read Section 10 of our SI).