Racing Rules Blog

Butch Ulmer's discussion of the new rules changes

New Rule 23.2

Posted by Rob Overton


The 2009-2012 Racing Rules of Sailing feature a couple of changes that haven't received much attention, what with all the hullabaloo about the changes to Section C.  One of these is the change to rule 23.2 (formerly, 22.2) regarding interfering with a boat on a different leg (or doing her turns).  This probably won't come up a lot in fleet racing except near the end of a regatta when one boat wants to push another boat back in the fleet, but it certainly comes up in team and match racing. 

 

The new rule is a direct copy of the 2005-2008 match-race rule:  "Except when sailing her proper course, a boat shall not interfere with a boat taking a penalty or sailing on another leg."  The old rule (numbered 22.2) said "A boat shall not change course if her only purpose is to interfere with a boat … on another leg or lap of the course."  So the old rule required intent and a change in course, but the new rule only requires that a boat not be sailing her proper course at the time of interference.

 

The new rule is plainly simpler, but has some subtle ramifications.  First, because intent is no longer part of the rule, it applies equally to both boats involved – if one boat cuts across to another leg to interfere with another boat and the other boat is not sailing her proper course when the interference occurs, then both boats break the rule (or maybe only the boat that didn't cut the course).

 

Well, that seems OK, doesn't it?  Why would the boat on the other leg be sailing anything other than her proper course?  The answer might be, to avoid the attacking boat! Consider the following scenario:

 

It's the last race of a series, and Rule Beater is five points behind Just There for the championship.  But Rule Beater hasn't used her throw-out, while Just There has already had a bad race so she can't afford to throw out this one.  That means Rule Beater can win the championship if she can force Just There back into the fleet, to, let's say, 15th place.  Rule Beater doesn't care what place she gets in this race, as she's going to throw out the race anyway. 

 

The course is windward-leeward, twice around.  Rule Beater covers Just There before the start and manages for them both to get terrible starts; but Just There gets free, sails well on the first windward leg and comes to the port-rounding mark in 12th place, just ahead of Rule Beater.  So Rule Beater, instead of following Just There around the mark, reaches across below the mark on starboard tack and then hardens up again, meeting Just There as she's bearing off for the downwind leg.  Rule 18 doesn't apply between them because Just There is leaving the mark and Rule Beater is approaching it.  They're both on starboard tack and Just There is to windward, so she must keep clear.  So she luffs up to a close-hauled course, putting herself just to windward of Rule Beater, who now cannot tack for the mark without breaking rule 16. 

 

Then … (drum roll here)  Rule Beater protests Just There for breaking rule 23.2!  She's right, because (a) the boats are clearly on different legs of the course; (b) Just There is not sailing her proper course; and (c) Just There is interfering with Rule Beater, who wants to tack and go back to the mark. 

 

This all has to do with the definition of Proper Course, which is defined as "[a] course a boat would sail to finish as soon as possible in the absence of the other boats referred to in the rule using the term."  So when Rule Beater forces Just There to luff up away from her course to the next mark, there is no question that Just There is not on her proper course – because in the absence of Rule Beater, she would surely have simply sailed downwind toward the leeward mark!

 

It's possible that Rule Beater is breaking rule 23.2 as well – she's clearly interfering with Just There, and if she's not on her proper course, she might be in trouble.  ISAF Case 78 says in part that while executing a tactic to slow another boat, " a boat … breaks rule 2 if she intentionally breaks another rule to increase the likelihood of the tactic succeeding."  So if Rule Beater breaks rule 23.2 "intentionally", she breaks rule 2 as well, in which case her DSQ for the rule-2 breach is non-discardable, meaning she has to count it in her series score, even if she retires immediately in acknowledgment of breaking rule 23.2 (see rules 64.1(a) and (b)).  This would clearly defeat her purpose in getting Just There disqualified or making her do her turns.

 

Note that rule 23.2, like almost all other Part 2 rules, only looks at the moment in question.  In general, if a rule references a boat's course, as rule 23.2 does, it's irrelevant how she got there, only what her course is at the time.  (There are exceptions to this principle, as for example rule 18.3, which uses the past tense to describe events that had to occur before the rule could come into effect, and rule 18.2(b), which uses the relationship of boats at the edge of the zone to determine mark-room later; but such rules refer clearly to the earlier criterion.)  The fact that Rule Beater reached over (i.e., sailed below her proper course) to intercept Just There is irrelevant, as long as she turned to her proper course (in this case, close-hauled) before interfering.  This seems like a huge loophole to me.

 

Another issue is the meaning of the word "shall not interfere".  This is not a defined expression, and seems to me to be much stronger than "shall keep clear" or "shall give room".  I think that arguably, even luffing one's sails to windward of a boat interferes with her; and certainly exercising right of way over a keep-clear boat, as Rule Beater did, or using a right to room to keep a right-of-way boat from sailing her course, as Just There did, is interfering.  And as long as Rule Beater's proper course is to tack back to the mark, I think Just There is interfering with her by simply being, well, just there.  But what if they're close to the mark and Rule Beater's proper course is to gybe around and go back to the mark?  Does that mean Just There is not "interfering" with her?  This seems like a reasonable statement, to me, but it bothers me that somehow Proper Course, a defined term, can be involved in interpreting "Interfere", which is undefined.

 

Finally, we come to the issue is what is meant by "on different legs", but I'll leave that thorny question for now.  Suffice it to say that you can't use the rule C7.2(c) definition from match racing, except to decide how to do MR  penalty turns. There's a Team Race Rapid Response Call about to come out that gives some insight into this issue; stay tuned.

 

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Posted on: 4/19/2009 at 8:38 AM
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