Race intruder
- Thread starter NCBrew
- Start date
Sounds annoying, but I think he’d have as much right to the water as anyone. What’s worse is that technically any interactions with him would be governed by COLREGS, instead of the Racing Rules of Sailing that everyone else will be following.
The only alternative I can think of is what some professional regattas and speedboat races do to get a restricted safety zone declared that the USCG could enforce. But that seems unlikely or impossible for the typical yacht club.
The only alternative I can think of is what some professional regattas and speedboat races do to get a restricted safety zone declared that the USCG could enforce. But that seems unlikely or impossible for the typical yacht club.
We used to put notice of our regattas in the Local Notice to Mariners. But that notice didn't entitle us to exclusive use of that area. The only measure I can think of is for the RC not to score the individual
Or is he being disruptive to the race? It sounds like there's a personal pique here. If someone wants to be an ass, and doesn't violate COREGS, I'm not sure there's any legal recourse. There is small claims court but what are the damages? Entry fees?
The OP didn't include details about the races, such as being exclusively for members. If so, is it in the NOR?
Or is he being disruptive to the race? It sounds like there's a personal pique here. If someone wants to be an ass, and doesn't violate COREGS, I'm not sure there's any legal recourse. There is small claims court but what are the damages? Entry fees?
The OP didn't include details about the races, such as being exclusively for members. If so, is it in the NOR?
There seems to be a mindset among some racers that simply throwing out some racing buoys somehow changes the rules. And, they tend to set up right in front of a marina where non-racers are trying to come and go.
Just yesterday, after a long hard trip, I came home to discover a race set up across the bay in such a way that there was not reasonable way around their route. Given the choice, I would rather be courteous and go around, though I am not obligated to do so. I came in on a starboard tack, encountering several racers on a port tack. I made reasonable efforts to stay away from most of the action and chose the least disruptive route, but it did require a couple of racers to change their heading slightly. One waved and I waved back - no problem. The other was furious and cursed at us. Then another racer (who had completed the race) cut across our bow while we were taking sails down (away from the course), yelling something.
If I hadn't been so tired from hours of beating windward against a 2 kt current, I would have tracked down the race organizers and suggested they remind their racers of rules and basic manners.
Absolutely, most racers know the rules and they understand that their desire to race does not supercede those rules or reduce the importance of courtesy and safety on the water. But, competition tends to bring out the worst in people, and there are always a few that ruin it for everyone.
The bottom line, in response to the question, is that that former member could not only intrude on the race, they could fully participate, so long as they adhere to the COLREGS. There are RRS too, but they only apply among a group who are all race participants. That is, all racers can be bound by RRS, but that only governs their relationship to each other. A non-racer is not bound by those rules - only COLREGS. And, when asssessing any racer's relationship to a non-racer, RRS goes out the window and only COLREGs apply. (In fact, I think that is baked into RRS somewhere.)
Or, put another way, if someone is behaving in an unsafe manner or a manner which is inconsistent with COLREGS, then you could pursue the matter on those grounds. The fact that your club set up a race there probably isn't relevant. In fact, it could be argued that your club created a navigational hazard and had the greater duty. So, be careful about opening that box.
So, COLREGS apply to everyone all the time. But, there are some points in COLREGS that make this a little murky:
If you have no business being there, and you endanger other vessels, even if you are technically compliant with other COLREGS, you're still wrong. (This goes both ways, of course.)
So, the only leg you have to stand on here, as I see it is dependent on what exactly that person is doing in the race area and whether they are endangering other vessels. If they are merely an annoyance, there is no rule against that. If they are a hindrance that is putting other vessels at risk by, for example, unexpected maneuvers ... that sort of thing ... then they could be in violation of COLREGS rule 2.
Just yesterday, after a long hard trip, I came home to discover a race set up across the bay in such a way that there was not reasonable way around their route. Given the choice, I would rather be courteous and go around, though I am not obligated to do so. I came in on a starboard tack, encountering several racers on a port tack. I made reasonable efforts to stay away from most of the action and chose the least disruptive route, but it did require a couple of racers to change their heading slightly. One waved and I waved back - no problem. The other was furious and cursed at us. Then another racer (who had completed the race) cut across our bow while we were taking sails down (away from the course), yelling something.
If I hadn't been so tired from hours of beating windward against a 2 kt current, I would have tracked down the race organizers and suggested they remind their racers of rules and basic manners.
Absolutely, most racers know the rules and they understand that their desire to race does not supercede those rules or reduce the importance of courtesy and safety on the water. But, competition tends to bring out the worst in people, and there are always a few that ruin it for everyone.
The bottom line, in response to the question, is that that former member could not only intrude on the race, they could fully participate, so long as they adhere to the COLREGS. There are RRS too, but they only apply among a group who are all race participants. That is, all racers can be bound by RRS, but that only governs their relationship to each other. A non-racer is not bound by those rules - only COLREGS. And, when asssessing any racer's relationship to a non-racer, RRS goes out the window and only COLREGs apply. (In fact, I think that is baked into RRS somewhere.)
Or, put another way, if someone is behaving in an unsafe manner or a manner which is inconsistent with COLREGS, then you could pursue the matter on those grounds. The fact that your club set up a race there probably isn't relevant. In fact, it could be argued that your club created a navigational hazard and had the greater duty. So, be careful about opening that box.
So, COLREGS apply to everyone all the time. But, there are some points in COLREGS that make this a little murky:
- Rule 2(a): “Nothing in these Rules shall exonerate any vessel… from the consequences of neglect of any precaution which may be required by the ordinary practice of seamen.”
- Rule 2(b): “In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances… which may make a departure from these Rules necessary to avoid immediate danger.”
If you have no business being there, and you endanger other vessels, even if you are technically compliant with other COLREGS, you're still wrong. (This goes both ways, of course.)
So, the only leg you have to stand on here, as I see it is dependent on what exactly that person is doing in the race area and whether they are endangering other vessels. If they are merely an annoyance, there is no rule against that. If they are a hindrance that is putting other vessels at risk by, for example, unexpected maneuvers ... that sort of thing ... then they could be in violation of COLREGS rule 2.
If you really wanted to you could go to the organizing authority or race committee and suggest the cursing boats be held accountable under RRS 69, Misconduct. The rule text itself prohibits “conduct that may bring, or has brought, the sport into disrepute”.
World Sailing provides a whole guide on that rule at https://www.sailing.org/tools/documents/2017WorldSailingMisconductGuidance-[22804].pdf. They even include a section on Foul or Abusive Language. The overall intent of the rule is to improve sailors’ conduct and reduce exactly the type of behavior you’re seeing, so I think it would be fair, at least to consider a warning.
Tying this back to the OP, there could potentially be a rule 69 application there as well, against the “intruding” boat. If he’s going out onto the course in a deliberately malicious and spiteful way and causing significant disruption or danger then that could, maybe, be seen as misconduct. It would only impact him if he is also registered in another RRS governed event. It’d be a stretch, but if he registered for a different event, and then before that event concluded he conducted misconduct, your club could try to approach the other club’s organizing authority to have him disqualified under rule 69. I think this would be a really far stretch, and I’m guessing that he isn’t bothering to register in any separate events anyway, but that’s the only other option I can think of. If nothing else the threat of such a protest might be enough to get him to stop. All of this is, of course, assuming that he’s really doing this to be deliberately bothersome to you, and not just out to enjoy the day on what happens to be the same course.
The intruding boat is simply an obstacle.
Misbehavior by a competitor would be governed by the RRS.
Unfortunately some people are just jerks and there are few if any consequences for their behavior.
Misbehavior by a competitor would be governed by the RRS.
Unfortunately some people are just jerks and there are few if any consequences for their behavior.