PORT AND STARBOARD TACK—CROSS TACKING.
One of the most frequent causes of protest arises out of the rule that provides for keeping vessels clear of each other when crossing on opposite tacks. The Y.R.A. rule is simply that of the Board of Trade, which says that " when two yachts are crossing so as to involve a risk of collision, then, if they have the wind on different sides, the yacht with the wind on the port side shall keep out of the way of the yacht with the wind on the starboard side.
In the first place, it must be clearly understood that the rule was not intended to put any penalty or odium on a vessel for being on the port tack ; the rule was solely intended to keep yachts clear of each other, and for this purpose it was necessary that the rule should say which of two positions should be the one which must always yield. It was decided that the port tack should be chosen, but there could be no particular reason for preferring the port tack to the starboard tack for the purpose. It undeniably gives an advantage to starboard tack, and often, so far as match sailing is concerned, a seemingly unfair one ; and hence, perhaps, there is often some feeling imported into the situation when two yachts are crossing on opposite tacks.
A yacht on the port tack may be so far ahead of the one on the starboard tack as to be able to almost cross clear ahead of her, but not quite. If there is the least doubt about it, the yacht on the port tack must give way, however hard or apparently unfair it may seem for her to do so. If she does not so give way and fouls the other yacht, or if that other yacht has to bear away or luff to avoid a collision, the yacht on the port tack must be disqualified without hesitation.
But frequently the yacht on the port tack could have crossed clear ahead of the yacht on the starboard tack, providing the latter had not idled at the last moment, and by so luffing succeeded in striking the lee quarter or boom end of the yacht on the port tack.
Apart from the obligation * of conforming to match sailing rules, if it were proved in court that no collision would have happened if the vessel on the starboard tack had not lulled, the decision would be that the vessel on the port tack should not be liable for any damage done to the other vessel : or that each vessel should pay her own damages. The Board of
Trade rule is that, when one of two vessels has to keep out of the way, the other shall hold a steady course, and also that no vessel shall neglect any ordinary precaution in special cases. On the other hand, the decision of a sailing committee would properly be that the vessel on the port tack was alone in fault. In competitive sailing, the temptation to make close shaves is very urgent, and any decision which would tend to encourage such practices should be avoided as the risks are so great. By the Y.R.A. rule the yacht on the port tack is bound to give way if a risk of collision is involved. It is usual for the vessel on the starboard tack to "nip" a little when one on the port tack is coming for her ; and this tells the vessel on port tack that she must not expect her to give way. If, however, a vessel on the port tack is crossing just clear ahead of the other, and that other luffs and touches the quarter of the vessel on port tack, the case is somewhat altered, and involves wilfulness on the part of the vessel on the starboard tack ; but the answer manifestly is that the vessel on the port tack is not justified under the rule in placing herself in a position where the other can touch her, as the risk of collision is clearly involved. However, as the rule was not intended to give a special advantage to the vessel on starboard tack, she should not needlessly bully the unfortunate one on port tack by luffing for the purpose of making a foul.
The right of luffing has been claimed for the starboard tack, because some old rules enjoin that the vessel on the starboard tack should never bear away but /ujf or tack if a collision is imminent ; no such rule now exists, and the right of luffing is claimed by the yacht on the starboard tack on the ground that the vessel on port tack has under Y.R.A. rules unconditionally to get out of the way.