| Rules | World Sailing Case Book |
| Case 73 |
| Rules |
|---|
| Rule 2, Fair Sailing |
| Rule 11, On the Same Tack, Overlapped |
| Summary: |
|---|
| When, by deliberate action, L’s crew reaches out and touches W, which action could have no other intention than to cause W to break rule 11, then L breaks rule 2. |
| Facts: |
|---|
| W and L were overlapped on starboard tack beating towards the windward mark. The crew of L, who was on a trapeze, reached out and deliberately touched W’s deck with a hand and hailed that W should retire. L protested W. The protest committee disqualified W under rule 11 and she appealed. |
| Decision: |
|---|
| W’s appeal is upheld and she is reinstated. Because L could sail her course with no need to take avoiding action and there was no risk of immediate contact had L changed course in either direction, W was keeping clear of L. Therefore, W did not break rule 11. The deliberate action of L’s crew, which could have had no other intention than to disqualify W, broke rule 2. L is penalized for breaking rule 2, and therefore her score is changed to ‘Disqualification that is not excludable’. |