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2014年7月 5日 (土)

QUESTION FROM A FAN: What is the difference of the word “KEEP CLEAR” between Rule 15 and Rule 16?

151_20092012_english_jpeg_7 What is the difference of the word “keep clear” between Rule 15 and Rule 16?

<QUESTION from a devoted reader>
From: <xxxxxxxx@yyyyyyyy.net>
To: "SEN YAMAOKA" <
senyamaoka@hotmail.com>
Subject: Questions
Date: Tue, 01 Jul 2014 21:39:18 +0900 (KST)

Dear Sir;

Rule 15 says "a boat acquires right of way shall initially give the other boat room to keep clear."
Rule 16.1 says "a right-of-way boat shall give the other boat room to keep clear."
What is the difference of the word “keep clear” between Rule 15 and Rule 16?

Are initially and briefly the same meaning?
Does the definition "room" include space and time or not?
I know everything depends on the boat speed and sea conditions but "time" is still not clear to me.

I understand that it’s very difficult to generalize and it is English problems to me.
But I am still confusing, so if possible, explain detail, please.
I need your advice. Thanks in advance.
Best regards,

<ANSWER by the blog editor>
I found out a suited teaching material which was able to resolve this question. It’s in a Case 24 from the ISAF CASE BOOK 2013-2016.

[Rule 15 and Rule 16.1 Full texts]
Rule 15 ACQUIRING RIGHT OF WAY
When a boat acquires right of way, she shall initially give the other boat room to keep clear, unless she acquires right of way because of the other boat’s actions.
Rule 16.1 CHANGING COURSE
When a right-of-way boat changes course, she shall give the other boat room to keep clear.

[Case 24 Extract]
<Preamble>
When a boat becomes overlapped to leeward from clear astern, the other boat must act promptly to keep clear (*2-1). When she cannot do so in a seamanlike way, she has not been given room as required by rule 15. If she takes unnecessary action that causes contact, she fails to keep clear as required by rule 11.
<Answers>
As soon as B becomes overlapped, rule 12 ceases to apply (*2-2). A becomes bound by rule 11, and B by rule 15, which embodies the principle in the rules that when the right of way shifts from one boat to another, the boat with the newly acquired right of way must give the other boat space and time for response and thus a fair opportunity to keep clear (*1-1). B’s obligation under rule 15 is not a continuing one; it protects A only temporarily (*1-2), and only if she responds promptly after the overlap begins (see the definition Room).

Rule 11 requires A to keep clear and, if this requires her to luff, she must do so promptly (*2-3). If A does so in a seamanlike way but some part of her hull, crew or equipment touches any part of B’s hull, crew or equipment, B has broken rule 15 by not giving A room to keep clear. However, if A luffs higher than is necessary to keep clear of B and, as a result, causes contact with B, A breaks rule 11.

[A STUDY of RULE 15]
Some tips are in CASE 24.
1. Obligation for the newly-acquired right of way boat:
*1-1 The boat with the newly-acquired right of way must give the other boat space and time for response and thus a fair opportunity to keep clear.
*1-2 The boat’s (the newly-acquired right of way boat’s) obligation under rule 15 is not a continuing one; it protects A (the newly-obligated boat) only temporarily.

2. Obligation for the newly-obligated boat:
*2-1 The boat (the newly-obligated boat) must act promptly to keep clear.
*2-2 As soon as B (the newly-acquired right of way boat) becomes overlapped, rule 12 ceases to apply.
*2-3 Rule 11 requires A (the newly-obligated boat) to keep clear and, if this requires her to luff, she must do so promptly.

3. The KEY WORD is “initially”. The word “initially” is a synonym with “temporarily”, but is not “continuously”.
4. The use of the word “initially” states clearly that the protection of “room to keep clear” is not continuing.

5. The room to respond to a newly acquired obligation to keep clear is temporary for the new keep-clear boat (the newly-obligated boat).
The keep-clear boat must, at the moment she become the keep-clear boat, makes a prompt and careful attempt to begin to get clear of the right way boat. If she delays at all, she loses the protection of “room to keep clear” and she runs the risk of fouling the right way boat.

6.
Conclusion; The newly-acquired right of way must initially give the other boat room to keep clear, and the newly-obligated boat must act promptly to keep clear.

7. See also CASE 53: If the newly-acquired boat had not borne away (to give room to the newly- obligated boat) immediately, she would have broken rule 15.

[A STUDY of RULE 16 (comparison with RULE 15) ]
The right of way boat needs to give the obligated boat “room to keep clear”.
1. The obligated boat is keeping clear of the right of way boat when she can sail her course with no need to take avoiding action.
2. The KEY WORD is “is keeping clear”. The action of both boats must be “continuous”.
3. Whenever the right of way boat changes course, she must give the obligated boat “room to keep clear” and also the obligated boat must continue to keep clear.

written by Sen Yamaoka  July 1, 2014

Attached hereto Case 24 and Case 53: 「20132016isafcasebook_case24.pdf」をダウンロード 「20132016isafcasebook_case53.pdf」をダウンロード
Copy pdf:「what_is_the_difference_of_rule_15_16.pdf」をダウンロード
Reference data (in Japanese): 「151_20092012.pdf」をダウンロード 

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