Under RRS a ROW (right of Way) boat is required to leave room for Keep Clear boat to avoid ROW. Below is from RRS 2017-20. Rule 10 was in play when you met since the other boat was on STBD Rule 11 would apply after their tack was completed Rule 13 was likely broken by the other boat. Also see rule 16.1 and 16.2
If I was racing and this happened to me I would immediately protest based on Rule 16.1 and possibly 16.2 both of which were violated by the other boat. I think that despite all of the other rules the cardinal one that was violated was the boat with ROW not giving Keep Clear boat room to keep clear The collision regulations governed that situation rather than RRS but they are very similar since bother were sailing boats. With Colregs http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1416/page-3.html#docCont rule 17 discusses action by Stand On vessel (the other boat). Rule 16 describes the Give Way vessel requirements. Hope this helps if any action comes of this. My interpretation is that you were in the process of keeping clear but the “well clear” part may be a concern Mike RRS 2017-2020: SECTION A RIGHT OF WAY A boat has right of way over another boat when the other boat is required to keep clear of her. However, some rules in Sections B, C and D limit the actions of a right-of-way boat. 10 ON OPPOSITE TACKS When boats are on opposite tacks, a port-tack boat shall keep clear of a starboard-tack boat. 11 ON THE SAME TACK, OVERLAPPED When boats are on the same tack and overlapped, a windward boat shall keep clear of a leeward boat. 12 ON THE SAME TACK, NOT OVERLAPPED When boats are on the same tack and not overlapped, a boat clear astern shall keep clear of a boat clear ahead. 13 WHILE TACKING After a boat passes head to wind, she shall keep clear of other boats until she is on a close-hauled course. During that time rules 10, 11 and 12 do not apply. If two boats are subject to this rule at the same time, the one on the other’s port side or the one astern shall keep clear. SECTION B GENERAL LIMITATIONS 14 AVOIDING CONTACT A boat shall avoid contact with another boat if reasonably possible. However, a right-of-way boat or one entitled to room or mark-room (a) need not act to avoid contact until it is clear that the other boat is not keeping clear or giving room or mark-room, and (b) shall be exonerated if she breaks this rule and the contact does not cause damage or injury. 15 ACQUIRING RIGHT OF WAY When a boat acquires right of way, she shall initially give the other boat room to keep clear, unless she acquires right of way because of the other boat’s actions. 16 CHANGING COURSE 16.1 When a right-of-way boat changes course, she shall give the other boat room to keep clear. 16.2 In addition, when after the starting signal a port-tack boat is keeping clear by sailing to pass astern of a starboard-tack boat, the starboard- tack boat shall not change course if as a result the port-tack boat would immediately need to change course to continue keeping clear. Colregs: Rule 16 Action by Give-way Vessel Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear. Rule 17 Action by Stand-on Vessel * (a) (i) Where one of two vessels is to keep out of the way, the other shall keep her course and speed. o (ii) The latter vessel may however take action to avoid collision by her manoeuvre alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in compliance with these Rules. * (b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision. * (c) A power-driven vessel which takes action in a crossing situation in accordance with subparagraph (a)(ii) of this Rule to avoid collision with another power-driven vessel shall, if the circumstances of the case admit, not alter course to port for a vessel on her own port side. * (d) This Rule does not relieve the give-way vessel of her obligation to keep out of the way. From: CnC-List [mailto:[email protected]] On Behalf Of Hoyt, Mike via CnC-List Sent: Friday, September 21, 2018 2:11 PM To: [email protected] Cc: Hoyt, Mike Subject: Stus-List Colregs question for boats not in an organized race A friend described a situation from the past weekend that I would like to pose to the collective brain trust on this list. There were three boats involved. All three were out day sailing. Two boats were travelling the same direction and the owners knew each other so they had an impromptu “race” as they were tacking upwind in a commercial harbour. These two boats had no verbal agreement to race but they were each trying to best the other. The third boat had a couple likely in their sixties out sailing by themselves. One of the two boats that was “racing” was on port tack (we will call this P) while the couple out sailing was on stbd tack (S). The heolmsman on P decided he would pass close by the stern of S. P passing astern of S is in my mind obeying Colregs in Canada. However since P was being competitive P planned to pass close by the stern of S. Before this could happen S tacked to port at close quarters not giving P sufficient room to avoid a collision. The boats ended up colliding with the sides of the hulls touching but no readily apparent damage or injury to either party. P hailed to S asking if everyone was OK and received no response and both boats proceeded on their way. So my question. Is a port boat passing close astern of a Stbd boat sufficient to satisfy the Colregs? Does S radically altering course without giving P room to keep clear mean that S has violated Colregs? I know that if this was an organized race that according to RRS S would be at fault. I am wondering how this would be interepreted under Colregs? The third boat was involved only as a witness Thankfully I was not involved in this in any way. Mike Persistence Halifax, NS
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