Collision Regs

[CoolBreeze]

So... do Collision regs still apply while racing? What would insurance say? what does the law say?

[Gumby]

No. RRS supercede coll regs. Only exception would be when stated in the sailing instructions and this usually only applies to offshore races during the hours of darkness.

[brianpickton]

The exception is when a vessel racing meets a vessel that is not racing. In that case the Col Regs. appy. See the introduction to Part 2 of the RRSwhich states in part:

When a boat sailing under these rules meets a vessel that is not, she shall comply with the International Regulations for Preventing Collisions at Sea (IRPCAS) or government right-of-way rules."

[robertd]

As it so happens I am doing a book review, for an upcoming issue of Atlantic Boating News, called "The One-Minute Guide to the Nautical Rules of the Road. In the section entitled "Colregs or Racing Rules?" it tells of a 1995 court case involving (Juno SRL v S/VEndeavour). the case established that under the International Yacht Racing Rules, or whatever racing rules the sailboats are racing under, take precedence over the COLREGS during a race.

But in an interesting case quoted on page 14 of the book.

The two sailboats "Charles Jourdan" and Endeavour, were racing in the Bay of St. Tropez. Approaching a mark, the Jourdan assumed it had the right of way under rule IYYR Rule 37.1, "a windward yacht shall keep clear of a leeward yacht." The Endeavour at first refused to keep clear. When she belatedly altered course to windward, her boom struck the Jourdancausing $10,000 damage. The race committee, applying the IYYR rule, found the Endeavour at fault.

The Jourdan subsequently filed suit for damages in district court. The district court threw out the IIYR ruling, finding that the Jourdan had been an overtaking vessel under COLREGS Rule 13 and thus required to keep clear.
On appeal, however the first circuit court overturned the district's ruling saying " Nothing in their history, or in the public policy issues that led to their enactment , indicates that they (the COLREGS) were meant to regulate voluntary private sports activity in which the parrticipants have waived their application and in which no interference with maritime traffic is implicated"

The case implies only to yachts participating in a race. It does not apply to other vessels in the vicinity that are not participating in the race. Thus in a conflict between racing and non-racing boats, the COLREGS still rule.