Fair point, but I think standard practice is for the organizing authority to publish a NOR and SIs stating that the race will use the RRS, which probably didn’t happen (formally) in this case. Regardless, the non-racer probably had no idea a “race” was going on and that he was in the middle of the course. I say shame on the port-tack racer who passed so closely astern of an uninvolved, unaware boat. That’s just not very wise / kind / seamanlike / etc.
Cheers, Randy > On Sep 22, 2018, at 9:55 AM, Matthew L. Wolford via CnC-List > <cnc-list@cnc-list.com> wrote: > > FWIW, the introductory comment to Part 2 of the Rules provides: > > The rules of Part 2 apply between boats that are sailing in or near > the racing area and intend to race, are racing, or have been racing. > However, a boat not racing shall not be penalized for breaking one > of these rules, except rule 14 when the incident resulted in injury or > serious damage, or rule 24.1. > When a boat sailing under these rules meets a vessel that is not, she > shall comply with the International Regulations for Preventing > Collisions at Sea (IRPCAS) or government right-of-way rules. If the > sailing instructions so state, the rules of Part 2 are replaced by the > right-of-way rules of the IRPCAS or by government right-of-way > rules. > > Based on a quick review, I did not see a provision expressly limiting the > scope of the Rules to only official races affiliated with a national > authority (although this is implied). To the contrary, Section 3.1 simply > provides “By participating or intending to participate in a race conducted > under these rules <>, each competitor and boat owner agrees to accept these > rules <>.” > > Interesting question if the Rules apply where two skippers familiar with them > decide to participate in an informal race. > > > From: Randy Stafford via CnC-List <mailto:cnc-list@cnc-list.com> > Sent: Saturday, September 22, 2018 1:12 AM > To: cnc-list@cnc-list.com <mailto:cnc-list@cnc-list.com> > Cc: Randy Stafford <mailto:randal.staff...@icloud.com> > Subject: Re: Stus-List Colregs question for boats not in an organized race > > > Interesting case. As an exercise, I looked it up in the Canadian Colregs > (http://laws-lois.justice.gc.ca/PDF/C.R.C.,_c._1416.pdf > <http://laws-lois.justice.gc.ca/PDF/C.R.C.,_c._1416.pdf>) before reading the > other replies, to see whether I interpret the same way as others (I’ll read > the other replies after sending this). > > First, the RRS don’t apply because none of the vessels were participating in > an official race of an organization affiliated to a World Sailing member > national authority, whose NOR / SIs stated the race would be run by the RRS, > etc. > > Second, I assume visibility was good enough that Section III of the Colregs > didn’t apply. > > It seems to me the port-tack racer violated Rule 16: "Every vessel which is > directed to keep out of the way of an- other vessel shall, so far as > possible, take early and substantial action to keep well clear.” By crossing > close astern he didn’t keep well clear. > > Some might argue that the non-racer violated Rule 17(a)(i) "Where one of two > vessels is to keep out of the way, the other shall keep her course and > speed.” But Rule 17(a)(ii) exonerates the non-racer in my interpretation: > "he 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.”. Rule 17(b) may also be germane: "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.” The non-racer may have > panicked and tacked thinking he could avoid collision that way (rightly or > wrongly), since the port-tack racer was crossing so close astern. > > Once the non-racer completed her tack, Rule 13 also obligates the port-tack > racer to keep clear, as the overtaking boat. > > Some might also argue that both boats violated, say, Rule 8(d) "Action taken > to avoid collision with another vessel shall be such as to result in passing > at a safe distance. The ef- fectiveness of the action shall be carefully > checked until the other vessel is finally past and clear” and Rule 8(e) "If > necessary to avoid collision or allow more time to as- sess the situation, a > vessel shall slacken her speed or take all way off by stopping or reversing > her means of propulsion.” But in my opinion only the port-tack racer > violated those rules, because he was the give-way boat to begin with. > > My $0.02. But I’m not Canadian, eh. > > Cheers, > Randy Stafford > S/V Grenadine > C&C 30-1 #7 > Ken Caryl, CO > >> On Sep 21, 2018, at 11:11 AM, Hoyt, Mike via CnC-List <cnc-list@cnc-list.com >> <mailto:cnc-list@cnc-list.com>> wrote: >> >>> 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 >> _______________________________________________ >> >> Thanks everyone for supporting this list with your contributions. Each and >> every one is greatly appreciated. If you want to support the list - use >> PayPal to send contribution -- https://www.paypal.me/stumurray >> <https://www.paypal.me/stumurray> > > _______________________________________________ > > Thanks everyone for supporting this list with your contributions. Each and > every one is greatly appreciated. If you want to support the list - use > PayPal to send contribution -- https://www.paypal.me/stumurray > > _______________________________________________ > > Thanks everyone for supporting this list with your contributions. Each and > every one is greatly appreciated. If you want to support the list - use > PayPal to send contribution -- https://www.paypal.me/stumurray >
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