Racing Rules: "Right of Way"
I often wish that the Racing Rules of Sailing did not use the term
right-of-way
. Sailors frequently take it to mean that a boat has the right to do whatever she pleases, or, that no matter what else happens, she is
in the right
. How many times have you heard a skipper claim
I have rights
?
Unfortuantely, that isn't what right-of-way means. The preamble to Part 2 Section A (Right of Way) states
A boat has right of way over another boat when the other boat is required to keep clear of her
. That's all.
Right-of-way
is a shorthand expression meaning that the other boat must keep clear, nothing more. It does not imply any special privileges nor does it abrogate a boat's other responsibilities. The preamble goes on to say
However, some rules in Sections B, C, and D limit the actions of a right-of-way boat
. Whenever two boats meet, there are requirements laid on both of them.
Instead of reading the rules as granting
rights
, think of them as imposing
obligations
. Rules in Section A (10
On Opposite Tacks
, 11
On the Same Tack, Overlapped
, 12
On the Same Tack, Not Overlapped
, and 13
While Tacking
) impose the obligation to keep clear. Rules in Sections B, C, and D place additional obligations, some on one boat, some on the other, and some on both.
Rule 14
Avoiding Contact
, for example, requires a boat to
avoid contact with another boat if reasonably possible
. When two boats meet, both share that obligation.
Rules 15
Acquiring Right of Way
and 16
Changing Course
place an obligation on the right-of-way boat. They detail the circumstances when she must give the other boat room to keep clear.
Rule 17
On the Same Tack; Proper Course
restricts a leeward boat from sailing above her proper course.
Rules 18
Mark Room
, 19
Room to Pass an Obstruction
, and 20
Room to Tack at an Obstruction
detail the room one boat (and it could be either) must give another at a mark or obstruction.
I don't mean to provide a complete enumeration of a boat's obligations under the rules. The rule book is full of things a boat must do and things a boat must not do (rule 1.1 requires a boat to give all possible aid to any person or vessel in danger; rule 28 requires a boat to sail the course; rule 31 requires a boat to not touch a mark; etc.). In an encounter on the water, it's entirely possible for the give-way boat, the right-of-way boat, or both boats to meet, or fail to meet the requirements of the rules.
So, realize that
right-of-way
does not give a boat complete freedom. Don't get caught up with a boat's
rights
. Focus on a boat's obligations instead.
I hope that helps,
Eric
US Sailing Certified Judge
Chair, SAYRA Appeals Committee

Eric,
I think I know the answer, but I also know it would be good to check my understanding...
Situation:
Two boats sailing to windward. Both boats are on Port tack. As the windward boat enters the zone, windward is clear ahead by about a boat length and over stood a little. The leeward boat is clear astern and probably on the lay line. The windward boat is sailing slightly slower because of issues on board. Inside of the zone, leeward becomes overlapped to the outside of the windward boat. Mark needs to be left to port. Windward boat begins to turn up to initiate a tack, leeward boat does as well however turns more quickly and leewards port bow touches windward's starboard hull about at the rear beam connection... who was obligated to avoid who? With contact,some rule was broken?
The easy answer is that the leeward/outside/clear behind boat broke 18.2(b). The most important adjective there is clear behind, because she was clear behind when the other boat entered the zone.
Rule 14 was also broken by one or both, but we would need more information about how low the windward boat sailed while having
issues.
Mike
This thread brings up an interesting idea, at least for me. As a guy that does not race, but is dabbling with the idea, a thread committed to examples, or challenge questions, would be a lot of fun.
One of the biggest issues for a noob when it comes to racing is not knowing what the hell is going on, so we never bother to try it, well that and the lack of open classes. Pete

Cool Mike, thanks. I was thinking that 18.2(a) applied and/ or maybe even rule 17. The
issues
that windward was having were preparing to tack right at the windward mark with 12 yr old running the jib and coming in off the wire in one to the occasional set of two foot waves.
So, how would your answer change if boats were overlapped? With windward entering zone first and leeward was still outside and both boats were on port enter entering zone?

The rules can be intimidating. I have raced dinghies and mid-sized mono-hauls as crew for about 10 years and now catamarans as skipper for almost 10 years; w/ the catamaran crowd is much more relaxed and the willing to let things go and talk about it afterward...
As you can see, I'm still asking questions... its a life long learning process....enjoy the journey and have insurance;) Its cheap
Well, Rule 17 applies, but there is the issue of proper course. At some point, the leeward/outside boat's proper course is to tack to go around that mark. As the inside/clear ahead boat, you're entitled to mark room per Rule 18.
In both cases, you are obligated to tack and round the mark, so if it comes out in a protest that you were sailing to Timbucktoo because your jib was jammed in a cleat, you might have a problem. Wind and sea conditions certainly play into any decision on whether you sailed too far before tacking, which is why I say it really needs to be heard in front of an experienced jury to get a more definitive answer.
I'm really tired, so someone else might be able to explain this better with some rule citations.
For those looking to learn the rules, there are some great online quizzes. The US Sailing and ISAF appeals and case books also have great diagrams and real stories with applicable rules. Tons of info there.
Mike
One of the biggest issues for a noob when it comes to racing is not knowing what the hell is going on, so we never bother to try it, well that and the lack of open classes. Pete
Pete,
Although there are nuances in the rules that are a little tricky to master, you can achieve a solid understanding of the basics with very little effort. The rules themselves for
when boats meet
on the race course are only 6 small pages long. You can see the rule book here:
...well, I can't get the link to work here because it includes a
[
character. You'll need to copy/paste this into your browser:
http:/
Some online quiz games:
http://game.finckh.net/indexe.htm
a paid for one here: http:/
There are lots of others.
Let's first sort out what rule(s) apply. Before the boats reach the zone, the windward boat (w) is clear ahead. Rule 12 applies at that time. When they become overlapped, Rule 12 is replaced by Rule 11 and Rule 15 begins to apply. Also, when the leeward boat (L) becomes overlapped (from clear astern within two hull-lengths), Rule 17 applies to her. After the boats pass head-to-wind and until they are on a close-hauled course, Rule 13 applies. When she is changing course, rule 16.1 applies to L. Rule 14 applies to both boats. Also, and most importantly, Rule 18.2(b) applies from the moment the first boat enters the zone until W passes head-to-wind. After W passes head-to-wind, Rule 18.2(a) applies.
Now, we'll apply the obligations. When she is clear astern, L is obligated to keep clear of W (12). Upon becoming overlapped, W must keep clear of L (11). L must initially give W room to keep clear (15). L may not sail above her proper course (17). After both boats pass head-to-wind, until they reach a close-hauled course, W must keep clear of L (13). While she changes course, L must give W room to keep clear (16.1). Both boats must, if reasonably possible, avoid contact (14). While in the zone, L must give W mark-room (18.2(a)(b)).
Were any rules broken? Well, it's axiomatic that if two boats make contact, some rule must be broken, but let's look to see if the boats met all their obligations above. When astern, L kept clear of W. When overlapped to windward, W kept clear of L. L initially gave W room to keep clear. Assuming that L was able to fetch the mark when she tacked, L did not sail above her proper course. After passing head-to-wind, but before reaching a close-hauled course, L and W made contact. Therefore, I conclude that W did not keep clear of L. While changing course, L did not give W room to keep clear (assuming W's tack was seamanlike). W was not reasonably able to avoid contact (again, assuming her tack was seamanlike). L, however, was reasonably able to avoid contact, but she did not. Assuming that W was always sailing
to the mark
(not past it), then L did not give W mark-room.
So, (with the above assumptions) W breaks Rule 13. L breaks Rules 14, 16.1 and 18.2(a). Now we move on to exoneration. Assuming that W was
sailing within the mark-room to which she is entitled
, Rule 21(a) exonerates her for breaking Rule 13 (Rule 64.1(a) could as well). Assuming that there was no injury nor damage, Rule 14(b) exonerates L for breaking Rule 14. L does not, however, receive any exoneration for her infractions of Rules 16.1 nor 18.2(a).
Note that I've made a few assumptions. If the facts were different, then the outcome could be as well.
The important point is that I never mentioned a boat's
rights
at all in the analysis. It was all about the boats' obligations under the rules, and whether or not each boat met her obligations.
I hope that helps,
Eric
Although it may be necessary in order to sail the course, no rule specifically obligates a boat to tack at a mark. A boat (especially a catamaran) clear astern and slightly to windward certainly can prevent the other boat from tacking (provided her action does not break Rule 2). If the boats leave the zone then Rule 18 ceases to apply. If a boat sails beyond the
mark-room to which she is entitled
, then she does not receive exoneration under rule 21. Those are important considerations, but a boat may legitimately drive another boat past a windward mark layline in order to gain a tactical advantage.
Although it may be necessary in order to sail the course, no rule specifically obligates a boat to tack at a mark. A boat (especially a catamaran) clear astern and slightly to windward certainly can prevent the other boat from tacking (provided her action does not break Rule 2). If the boats leave the zone then Rule 18 ceases to apply. If a boat sails beyond the
mark-room to which she is entitled
, then she does not receive exoneration under rule 21. Those are important considerations, but a boat may legitimately drive another boat past a windward mark layline in order to gain a tactical advantage.
Um, yeah... I was referring specifically to the case in question. If you're entitled to mark-room over an outside/leeward boat, you can't sail away from the mark just for strategic reasons.
That aside, I love the walk-down that you provided in the prior post!
Mike
Rule 18.4
Gybing
states
When an inside overlapped right-of-way boat must gybe at a mark to sail her proper course, until she gybes she shall sail no farther from the mark than needed to sail that course...
.
That places an obligation to gybe on a boat at a leeward mark, but there is no corollary rule that would require a boat to tack at a windward mark.
The definition of mark room details the amount of room that one boat must give another under Rule 18, but it does not place an obligation to tack on either boat.
Care to try again?
I'll go you one further and say that even if you AREN'T entitled to mark-room from (and in fact, even if you owe mark-room to) an outside/leeward boat, you CAN drive her beyond the mark. She can take you head-to-wind, but you are not obligated to tack, nor to give her room to tack.
Eric is quite right, as usual. As long as you don't break rules 11 or 12 (and the leeward boat doesn't break 13 or 16.1), you can ride them off to Yenemsvelt.

Eric,
That description was great! Thank you!
Mike, you input was useful as well, thanks again.
I've started reading the ISAF cases and there are a couple that directly were helpful and I haven't made it out of the definition sections... There will be on board video of the situation when I get back from work related travel and do some editing... My 12 yr old was doing a great job considering it usually requires a full grown human.
OK, let's discuss in terms of obligations of the outside/leeward boat. He is the ROW boat, but is obligated to give the inside boat mark room, which is clearly defined as the room needed to round the mark. As it's been explained to me, the rule writers were very careful in the later books to distinguish ROW vs. mark room. Mark room is very limited.
Can you provide a case citation to defend your interpretation?
Mike

ISAF Case 15.
In that case, the outside boat was entitled to mark room and is prevented from tacking by a windward boat.
True, but that describes a very different case, in which the outside boat was the one with the mark room. Actually, there was no
inside
or
outside
boat, it was a clear ahead/clear astern situation (clear ahead boat sailing on a line more to leeward of the clear behind boat). In that case, the boat clear ahead is hosed because he can't tack without breaking rule 13 (which is what the entire case actually hinges upon).
In the case we're discussing, it's the inside boat that is entitled to mark room, and is therefore limited per the definition of mark room. This is 100% verified by ISAF Case 21 (quoted below). In Case 21, they mention that there is no specific amount of room that is required to be given, as it is dependent on the conditions, but the mark-room boat must sail in a seamanlike manner. All of this aligns with my posts above.
Mike
Definitions, Mark-Room
Definitions, Room
When a right-of-way boat is obligated to give mark-room to
a boat overlapped inside her, there is no maximum or
minimum amount of space that she must give. The amount
of space that she must give depends significantly on the
existing conditions including wind and sea conditions, the
speed of the inside boat, the sails she has set and her design
characteristics.
Question
When rule 18 requires a right-of-way boat to give mark-room to an inside
boat that overlaps her, what is the maximum amount of space that she
must give? What is the minimum amount of space that she must give?
Answer
In this situation, the definition Mark-Room states that the inside boat is
entitled to room for four manoeuvres:
 Room to leave the mark on the required side.
 Room to sail to the mark, but only if the inside boat’s proper
course is to sail close to the mark.
 Room to round the mark as necessary to sail the course.
 Room to tack, but only if these additional conditions are met: the
inside boat is overlapped to windward of the outside boat, the tack
is part of the rounding necessary to sail the course, and the inside
boat would be fetching the mark after her tack.
The definitions Room and Mark-Room do not include any reference to a
maximum or minimum amount of space, and no rule implies that the rightof-
way outside boat must give a maximum or minimum amount of space.
She must give the inside boat the space she needs in the existing
conditions to carry out those manoeuvres promptly in a seamanlike way.
In addition, the inside boat is entitled to space to avoid touching the mark
and space for her to comply with her obligations under the rules of Part 2
with respect to the outside boat as well as any other nearby boats.
The term ‘existing conditions’ deserves consideration. For example, the
inside one of two dinghies approaching a mark on a placid lake in light air
will need relatively little space beyond that required for her hull and
properly trimmed sails. At the other extreme, when two keel boats, on
open water with steep seas, are approaching a mark that is being tossed
about widely and unpredictably, the inside boat may need a full hull length
of space or even more to ensure safety. A boat with a spinnaker flying
often needs more space than one with her spinnaker stowed. A boat that is
planing or surfing may require less space to turn than a boat that is
climbing a steep wave. The ‘existing conditions’ also include
characteristics of the inside boat. For example, a boat with a long keel or a
multihull may require more space to round a mark than a more easily
turned monohull. A boat with a large rudder may need less space to turn
than a boat with a small rudder.
The phrase ‘manoeuvring promptly in a seamanlike way’ has implications
for both boats. First, it addresses the inside boat, saying she is not entitled
to complain of insufficient space if she fails to execute with reasonable
efficiency the handling of her helm, sheets and sails while manoeuvring. It
also implies that the outside boat must provide enough space so that the
inside boat need not manoeuvre in an extraordinary or abnormal manner
(see also Case 103).
I'm sorry Mike, but you're wrong. All of that describes the obligations of the outside boat. There is nothing that obligates the inside boat to tack.
Think of it this way - why would you ever go into this situation as the windward boat with an overlap? I'd do everything I could to break that overlap before the leeward boat enters the zone. It makes no sense.
If you need further convincing, look at Team Race Call E12.
ISAF Case 15.
True, but that describes a very different case, in which the outside boat was the one with the mark room.
You asked for a case cite to defend my interpretation, and ISAF Case 15 matches my statement. It is a direct answer to your question.
inside
or
outside
boat, it was a clear ahead/clear astern situation
Take another look at Rule 18. RRS 18.2(b) says
If boats are overlapped when the first of them reaches the zone, the outside boat at that moment shall thereafter give the inside boat mark-room. If a boat is clear ahead when she reaches the zone, the boat clear astern at that moment shall thereafter give her mark-room
. RRS 18.2(c)(1) says
when a boat is required to give mark-room by rule 18.2(b), she shall continue to do so even if later an overlap is broken or a new overlap begins
.
Once the first boat reaches the zone, the obligation to give mark-room is set. It doesn't matter if later the boats become overlapped or ahead/astern. The obligation is unchanged as long as the conditions of RRS 18.1 and 18.2(c) hold. ISAF Case 15 would not change at all if the two boats became overlapped after reaching the zone.
In a scenario where the outside/leeward boat owes the inside/windward boat mark-room, then the mark room she must give includes room to tack. ISAF Case 21 explains in greater detail how much room the outside boat is obligated to give. The definition of mark-room, however, does not place any obligations on the boat entitled to mark-room. Nor does Case 21. The inside/windward boat is not required to tack. She may, if she wishes, do exactly as the windward/astern boat does in Case 15.
In short, Case 21 is not relevant.
If you still assert that a boat entitled to mark-room is obligated to tack at the mark, then please cite the rule that says so.
If I understand your question, the windward (overlapped) boat is subject the the leeward boat going head-to-wind and forcing the windward boat into a less than desirable position? Except for the notion that they are in the mark 2/3-boat circle?
What if the two boats are unequal in performance (which would explain the different TWA pointing)? And the
inside
/windward ahead boat (pointing lower) enters the circle not overlapped by
outside
clear astern boat?
What options are available for the outside boat which would otherwise crawl all up in the inside boats shizzle?
If the inside boat (already pointing lower) overstands the mark, is the outside boat at their mercy all the way to Timbucktoo?
Were both of these boats on port tack in the original setup of this question?
I can guess that the parade of starboard boats would really turn this in to a fluster cluck of almost biblical proportions (and worthy of Youtube coverage)
This is not about the windward boat having more rights. It's about windward having an obligation to tack. There is no obligation for the windward boat to tack.
If there was an obligation for windward to tack, the penalty would have been on them - but there was no penalty.
Yes, this is a complicated scenario. The relationship between the boats changes several times. That's why it's good to work out these encounters on shore ahead-of-time so you'll know what to do when the situation arises.
The pivotal rules in this instance are RRS 18.2(b), and the definition of mark-room. The boat that was clear astern when the other one reached the mark was obligated to give her mark-room. With the assumptions given, she did not.
I hope that helps,
Eric
If the inside boat (already pointing lower) overstands the mark, is the outside boat at their mercy all the way to Timbucktoo?
I can guess that the parade of starboard boats would really turn this in to a ...
Beginning at the end and working backwards, Rule 18 is written to discourage a boat from coming to a windward mark (to be left to port) on the port-tack layline. She is not entitled to mark-room from and must keep clear of all boats on starboard tack. Unless a gap for her appears at the right moment, she's going to be in trouble. That's why we sometimes call it
suicide port
. The top sailors all recommend coming into a windward mark on port 5-10 boatlengths away. Pick a spot and tack onto starboard before reaching the zone. Then the rules all work to your advantage at the mark.
If two boats are approaching a windward mark (to be rounded to port) on port tack, then the downwind boat - even if she's clear ahead - is in jeopardy. A boat on her weather hip can control her tack. Even if the astern boat is obligated to keep clear under Rule 12 and owes mark-room under Rule 18.2(b), she can still delay tacking until it's to her advantage.
If you're the clear ahead boat at the zone in this circumstance, then your best option is to scrape the other boat off at the mark. Pinch up or shoot the mark without leaving enough room for the other boat to get between you and the mark. Keep your momentum going as you pass head-to-wind and tack right around the mark. The other boat will have to miss the mark (if so, be careful to avoid her when you tack) or duck you and round behind. If she sticks her nose in anyway, then take avoiding action and protest.
If you have understood the layline and can't prevent the other boat from getting inside, then you're out of luck. If you're overlapped to leeward at the zone, then not only does the other boat control your tack, but you also have to give her mark-room (which then includes room to tack). Your only recourse is to turn head-to-wind and hope the other boat tacks. Then you can tack too, but you're probably behind at that point.
I hope that helps,
Eric
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