COLREGS II

[geoffatstanpit]

In the same vein as COLREGS but a rather different thread so I'll start a new one:

I was sailing a solo, racing, on a lake in blusterous conditions. I am being overtaken to windward by another solo.

One of those wicked gusts came out of nowhere and tipped me in the water. My view of the subsequent events was not clear as I was underwater until after the accident.

The overtaking vessel states that my boat promptly tacked onto port without warning and t-boned him while he was still on starboard.

The hole in his boat would tend to confirm this.

I maintained that since I was not on board, my vessel was not under command and therefore had right of way. He reckons that it was my responsibility to keep my vessel under command.

Discuss

Geoff



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[tcm]

Re: Brilliant !

I wonder if perhaps the best thing all round would be for him to have jumped off his boat as well?...



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[Talbot]

Its clearly his fault as he was the overtaking boat, and should have expected problems in those conditions, so he obviously was not giving you enough space. I would protest him as well, cause obviously hos close approach was sufficient to distract you enough to cause the spill, and thus the resulting collision must be his fault /forums/images/icons/smile.gif

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[Phoenix of Hamble]

Interesting one this, but I think pretty clear cut as far as the rules go (with one caveat)....

The only place that the ISAF rules have a direct rule is for a capsized boat.... and that is defined as 'masthead in the water' so obviously doesn't apply....

Otherwise, the RRs specifically state that IRPCS apply....

and in the IRPCS, a vessel NUC (Not Under Control) has precedence over a sailing vessel, so its his responsibility to get out of the way.....

Only caveat is that RR also 'imply' that it is skippers responsibility to judge conditions and his/her ability to handle them... so if you were sailing in conditions beyond your ability (proof?), then he may have an argument.... but I suspect that IRPCS would still apply.... This is the only reference to a compulsion to keep your boat under control....

Bottom line.... its a racing incident... s**t happens.... he should get used to it if he races regularly..... get his boat repaired and shut up! /forums/images/icons/wink.gif

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[Cornishman]

>I was sailing a solo, racing, on a lake in blusterous conditions<

COLREGS Rule 1 - Application
(a)These Rules apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels

In light of the above I humbly suggest that Colregs do not apply in your situation UNLESS the local authority administering the lake specifically say that they do.

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[Phoenix of Hamble]

most sailing clubs constitutions state that the users of the water are obliged to follow ISAF rules... which then draw in IRPCS (or Colregs if you prefer) as part of the rules (pre-amble to section 1.10).... but.... it is an interesting question regarding whether IRPCS would be applicable on a lake......... I've just looked back over the RRs and there dosen't seem to be any mention of vessels becoming NUC other than when capsized ie masthead in the water..... so, if IRPCS can be argued to not apply, then perhaps you are in the wrong!.... best bet... let your insurance companies sort it out /forums/images/icons/wink.gif


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[snowleopard]

if it's just a question of a protest then presumably you wouldn't have been placed so have little to gain from contesting the protest unless it was a series race. the best he could do would be to have you disqualified. you could argue that (a) he was overtaking boat and (b) it was also up to him to avoid collision but is it worth the hassle?

as far as the insurance aspect is concerned, i'd dump it in the company's lap and let them sort it out.

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[temptress]

Firstly - are both boats racing? if yes then the RRoS apply( Part 1 Rule 3 and J2.2(3)). Under the RRoS there is no concept of an 'overtaking boat'.

If one (OR BOTH) of the boats is not racing (or retired) then IRPCS apply (Part 2 pre-amble).

Assuming both boats are racing then the rules are quite clear - and it is irrelevant weather you are on on port or starboard in the situstion you describe. Rule 16.1 (same tack) and 16.2 (opposite tacks) require you to give the other boat 'Room to keep clear' which you clearly did not.


<hr width=100% size=1>Temptress of Down
Southsea Marina
Hants

http://hometown.aol.com/temptressofdown

 

[jimi]

If you got your mast stuck in the mud, or had a belly full of beer, you could claim to be restricted by draught?

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[geoffatstanpit]

Thanks for those! I thought the legal eagles amongst us might be amused.

In fact it was a few years ago that it happened and the insurance companies fought it out and mine lost!

The whole incident happened in less than a second and I don't suppose he had time to get out of the way anyway. Most of the rest of the fleet piled into the carnage so it all got a bit complex in the end

Geoff

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[janie]

Solo Sailors

What is it with you solos? One I sail against has twice capsized right in front of me (in a Bosun), once on a mark, making the delay even longer!

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