Who's Foul?

Warning: video contains graphic content for boat lovers!

The collision is between the J Boat Svea on Port tack and J Boat Topaz on Starboard. J class yachts raced for the Americas Cup from 1914 to 1937. They have a full keel with attached rudder and are therefore not very maneuverable, and also have long overhangs (bow and stern that project much longer than the waterline length) that swing as they turn.

Question 1: Who's foul and what rule is broken?

Question 2: Who's foul and what rule broken if the collision had occurred after the start?

Question 3 (advanced): Name a Call from The Call Book for Team Racing that can shed some light on this situation.


Your answers in the comments section!


Answers:
Well, since posting, the Protest Committee's ruling on this recent "viral" (no not that viral) video has been made public. Here are there facts found:

1. Topaz was approaching the start line on Starboard approximately 1 minute 40 seconds before the start.

2. Svea on port was on a collision course with Topaz.

3. Despite a last minute turn to bear away, Svea collided with the port side of Topaz at the runner winch causing serious damage.

4. Topaz luffed to avoid when it was clear Svea was not keeping clear.

5,6: There was extensive damage + injury - you can read the full decision here. 

7. Both boats immediately retired from the race.

Decision:
Svea took the appropriate penalty by retiring.
Topaz is entitled to redress of average points for Race 1 based on her results in the remainder of the regatta.

Conclusion Rules:

RRS 10,14, 44.1(b) 62.1(b), Q5.3
Svea failed to keep clear as a port tack boat and broke rule 10, 14.
It was not reasonably possible for Topaz to avoid the collision.

Its good for sailors to take note of Rule 62.1 (b), which allows for redress "based on a claim or possibility that a boat’s score or place in a race or series has been or may be, through no fault of her own, made significantly worse by...injury or physical damage because of the action of a boat that was breaking a rule of Part 2 or of a vessel not racing that was required to keep clear."  

Otherwise, I have have 2 points of contention with the protest committee's decision in this case: 

1. Are we sure (from the video) that "Svea was not keeping clear?" 

2. Topaz did not "luff to avoid." In fact, the luff by Topaz made it significantly harder for Svea to keep clear. 

By heading up, Topaz slows down, both from luffing the sails and the 'brakeing action' of her large rudder. She also swings her long overhang at Svea, making the point of contact occur sooner. Here's a 3d rendering of Svea that illustrates the overhangs and the rudder:

The overhang is massive and obviously has no flow and traction through the water - it just pivots through the air as the boat turns - especially at slow speeds. The contact from the collision occurs aft of Topaz's rudder. If Topaz had not headed up it is certain the contact would have occurred further aft, and at a more glancing angle than the full on T-bone shown in the video. 

Rule 16.1 States: When a right-of-way boat changes course, she shall give the other boat room to keep clear.  Regardless of if Svea was "keeping clear" of Topaz, Topaz change of course made keeping clear more difficult.  

The Call Book for Team Racing gives 2 examples where a late course change by a starboard boat is prohibited. In the comments section Justin Callahan cited Call D2:

The call doesn't explicitly apply to this situation, as Rule 16.2 only applies after the start. However, if there is contact at position 4, I think it is implied that B would have broken 16.1. This next call specifically shows a starboard boat (Y) swinging her stern towards a port tack boat (B), necessitating a further course change. 

Call D7 :

In this case, the Call Book says to penalize Y, again for 16.2. If there had been contact (rather than B having to further change course at the last second), I am confident Y would have also broken 16.1 - she would have changed course in a way that did not give B "room to keep clear." 

Given that Topaz luff exacerbated the contact, can we be sure that Svea was never keeping clear? A couple notes on this possibility:

   * The J boat from which the video is shot shows that each boat has a bow watch who relays info to the cockpit via a crew member stationed at the windward shroud. 

  * Sailing on Port before the start one is always on the lookout for boats on Starboard. 

 *  Svea would have seen Topaz before Topaz saw Svea. 

 * Before the contact, Svea is clearly letting out her mainsail in an attempt to duck Topaz. 

 *A 3rd party observer on the boat that is filming does not begin shouting "noooo!" until Topaz is changing course. 

*This video shows how close to the stern the of Topaz the damage was - it was almost avoided! 

Still, I have to give some credence to Judges determination that Svea "...was not keeping clear," and "It was not reasonably possible for Topaz to avoid the collision." They heard evidence from both parties, and some Judges reportedly witnessed the incident from Judgeboats. 

Does it matter if Topaz changes course if Svea was never keeping clear? May a right of way boat alter course as long as she is on a collision course with a keep clear boat? I hope not! By changing course in a way that put her hull further in Sveas path, Topaz made it impossible for Svea to even have a chance of keeping clear. Therefore, I think from this video that both boats should have been penalized - Svea for Rule 10 and Topaz for Rule 16.1. Topaz was right of way, and Topaz changed course very close to Svea in a manner that did not "give the other boat room to keep clear" .  If the Judges (who again have more information than this video) did not state that Svea "was not keeping clear," then I would be inclined to penalize only Topaz for 16.1. 

I strongly disagree with the Scuttlebutt article titled "When in doubt put the tiller towards trouble" which argues that Topaz helmsman "did the understandable thing in the few seconds they had to deal with an impending collision which is to put the “tiller towards trouble.” When a boat is trying to duck you, heading up at the last second is the worst thing you can do. When a boat is clearly trying to duck you, maintain your speed and hold your course!