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Location: Calgary, AB, Canada
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The vessel sailing by the lee is give way is both instances.
Here is the problem.
Do a search of ColRegs. The only reference to "boom" is log booms. Port and starboard are defined by the side overwhich the wind blows, not the boom. The mail sail or largest fore and aft sail defines windward, not port / starboard.
I asked for an interpretation of Rule 12 of one of the authors of Handbook of nautical Rues of the Road. This is the response.
Yes, Rule 12 refers to the wind, and not the boom. The boat with
the wind coming from the starboard side has the right of way over
another sailboat with the wind coming over its port side. That
eliminates the ambiguity of the case when a sailboat is by the lee
(which tends to be a nasty circumstance is strong winds). I guess
I've just considered starboard tack to be when the wind is coming
over the starboard side of the boat, disregarding where the boom is.
The rules were originally developed when square-rigged sailing
vessels were common -- the boom is on both sides of the ship.
I think I have been teaching incorrectly.
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Last edited by jackdale; 01-15-2010 at 11:08 PM.