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 ofchanges that haven't received much attention, what with all the hullabalooabout the changes to Section C.  One ofthese is the change to rule 23.2 (formerly, 22.2) regarding interfering with aboat on a different leg (or doing her turns). This probably won't come up a lot in fleet racing except near the end ofa regatta when one boat wants to push another boat back in the fleet, but itcertainly comes up in team and match racing. 

 

Thenew rule is a direct copy of the 2005-2008 match-race rule:  "Exceptwhen sailing her proper course, a boat shall not interfere with a boattaking a penalty or sailing on another leg."  The old rule (numbered 22.2) said "A boat shall not change course if her onlypurpose is to interfere with a boat … on another leg or lap of thecourse."  So the old rule requiredintent and a change in course, but the new rule only requires that a boat notbe sailing her proper course at the time of interference.

 

The new rule is plainly simpler, but has somesubtle ramifications.  First, becauseintent 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 theother boat is not sailing her proper course when the interference occurs, thenboth 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 besailing anything other than her proper course? The answer might be, to avoid the attacking boat! Consider the followingscenario:

 

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

 

The course is windward-leeward, twicearound.  Rule Beater covers JustThere 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 comesto the port-rounding mark in 12th place, just ahead of RuleBeater.  So Rule Beater,instead of following Just There around the mark, reaches across belowthe mark on starboard tack and then hardens up again, meeting Just Thereas she's bearing off for the downwind leg. Rule 18 doesn't apply between them because Just There is leavingthe mark and Rule Beater is approaching it.  They're both on starboard tack and Just There is towindward, so she must keep clear.  Soshe luffs up to a close-hauled course, putting herself just to windward of RuleBeater, who now cannot tack for the mark without breaking rule 16. 

 

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

 

This all has to do with the definition ofProper Course, which is defined as "[a] course a boat would sail to finish as soon as possible inthe absence of the other boats referred to in the rule using theterm."  So when Rule Beaterforces 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 simplysailed downwind toward the leeward mark!

 

It's possible that Rule Beater isbreaking 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 whileexecuting a tactic to slow another boat, " a boat … breaks rule 2 if she intentionally breaks another rule toincrease 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 forthe rule-2 breach is non-discardable, meaning she has to count it in her seriesscore, even if she retires immediately in acknowledgment of breaking rule 23.2(see rules 64.1(a) and (b)).  This wouldclearly defeat her purpose in getting Just There disqualified ormaking her do her turns.

 

Note that rule 23.2, like almost all otherPart 2 rules, only looks at the moment in question.  In general, if a rule references a boat's course, as rule 23.2does, it's irrelevant how she got there, only what her course is at thetime.  (There are exceptions to thisprinciple, as for example rule 18.3, which uses the past tense to describeevents that had to occur before the rule could come into effect, and rule18.2(b), which uses the relationship of boats at the edge of the zone todetermine mark-room later; but such rules refer clearly to the earliercriterion.)  The fact that RuleBeater reached over (i.e., sailed below her proper course) to intercept JustThere is irrelevant, as long as she turned to her proper course (in thiscase, close-hauled) before interfering. This seems like a huge loophole to me.

 

Another issue is the meaning of the word"shall not interfere".  Thisis 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'ssails to windward of a boat interferes with her; and certainly exercising rightof way over a keep-clear boat, as Rule Beater did, or using a right toroom to keep a right-of-way boat from sailing her course, as Just Theredid, is interfering.  And as long as RuleBeater's proper course is to tack back to the mark, I think Just Thereis interfering with her by simply being, well, just there.  But what if they're close to the mark and RuleBeater's proper course is to gybe around and go back to the mark?  Does that mean Just There is not"interfering" with her?  Thisseems like a reasonable statement, to me, but it bothers me that somehow ProperCourse, a defined term, can be involved in interpreting "Interfere",which is undefined.

 

Finally, we come to the issue is what ismeant by "on different legs", but I'll leave that thorny question fornow.  Suffice it to say that you can'tuse the rule C7.2(c) definition from match racing, except to decide how to doMR  penalty turns. There's a Team RaceRapid Response Call about to come out that gives some insight into this issue;stay tuned.

 

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

Jenni Rodda United States

Sunday, April 19, 2026 9:16 AM

Jenni Rodda

Interpretations like this are what kill interest in racing. "Just There" escapes the assault of "Rule Beater" after the start and shows why she is winning the regatta by breaking free of the assault. Then she gets thrown out for trying to keep clear. This sounds like double-jeopardy to me. Rob, since you are the the chairman of the US Sailing Racing Rules Committee, I have no doubt that your interpretation is correct, but I strongly hope that you will use your position to do something about changing this so that sailors don't get disheartened for being thrown out while trying to do the right thing.

Matt Knowles United States

Sunday, April 19, 2026 9:27 AM

Couldn't Rule Beater also just skip the first mark and sail downwind to the leeward mark, camp just above the mark, and as soon as Just There rounds, get on top of her and blanket her the whole way up wind, pushing Just There deeper in the fleet? She do this all the way to the windward mark, round it, then shadow Just There all the way down to the finish. All of this would be Just There's proper course!

Matt Knowles United States

Sunday, April 19, 2026 11:42 AM

Ooops, replace "Just There's" with "Rule Beater's" in the last line.

Richard Thompson United Kingdom

Tuesday, April 21, 2026 10:48 PM

Rule Beater is NOT sailing her proper course as she is sailing away from the mark.  I agree her proper course is the course she would sail to finish [... etc] from where she is at the time, but she must actually be sailing it.  She is not doing so and she breaks rule 23.2.  Just There was sailing her proper course until the time she altered course to keep clear as required by rule 11; if you think Just There broke rule 23.2 (and I don't), she is exonerated for breaking that rule under rule 64.1 because she was compelled to do so.

Rob Overton United States

Wednesday, April 22, 2026 1:01 PM

Rob Overton

Wow!  My good friend and fellow rulie, Richard Thompson, and I are disagreeing!  I'm shocked.

I agree that most times, Rule Beater will not be sailing her proper course when she meets Just There.  But if she times it just right, she'll reach the port-tack layline and be on her starboard-tack close-hauled course just as Just There is bearing off onto the run.  Just There doesn't dare try to jibe onto port tack and go between Rule Beater and the mark, and so she tries to go across in front of Rule Beater.  As soon as Just There luffs above her downwind course to avoid Rule Beater, she's no longer on her proper course; and if she interferes with Rule Beater's ability to tack back to the mark, well, she's interfering.  Assuming that Rule Beater doesn't do something stupid like bear off on the other boat, she's sailing her proper course and therefore not breaking rule 23.2.  So how does Just There get exonerated?   I agree she was compelled to break rule 23.2, but rule 64.2(c) requires that she be compelled by a boat breaking a rule, and nobody else is breaking any rules.

Tim United States

Monday, March 22, 2026 8:09 AM

test

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