Rights of way

mizkins.z · Joined: 18 Aug 2016 Posts: 2

When doing a hellitack and flipping the sail I've knocked out kitesurfer who was passing full speed within 10-20 cm behind my back. I did not see him because i've stayed in backwinded position for 10-15 seconds. Before the flip I did not look around, and then - bang!. Luckily kitesurfer and my sail are fine.

Is it completely my fault?!?

Yes I've touched somebody who was downwind of me, but on the other hand I did not move (plane), did not change direction.
Every water user should stay within safe distence (at least sail flip distance).

What is your opinion?

isobars · Joined: 12 Dec 1999 Posts: 20946

dllee · Joined: 03 Jul 2009 Posts: 5330 Location: East Bay

It's probably around 70% your fault, and 30% his.
YOU should not be tricking around in a planing zone, where other sailors and kiter's are going fast back and forth. Do your tricks in the transition zones, either side of the planing zone where everyone is going back and forth.
HE should not kite that close to you, especially if he see's you're tricking around.
Technically, you have to maintain course to have right of way, but you didn't.
Technically, while he did maintain course, he was sailing too close to you.
Starboard has right of way, as long as the starboard sailior doesn't change his course.
Port has to give right of way to a starboard sailor, before the collision.
Since you changed course, you cannot have right of way.

shredley · Joined: 22 Apr 2002 Posts: 13

Without a video it doesn't sound like you are totally at fault if at fault at all. Of course if you are in a crowded area especially crowded with kitesurfers you should be aware you are taking on added risks regardless of ROW. Give everyone plenty of extra space (mast length, kite length) if you can and hopefully they will do the same for you. You might read stuff on internet about kitesurfers yielding to all other water users but never count on it. Glad everyone is ok, nightmare scenario would be injuring someone in a collision.

jingebritsen · Joined: 21 Aug 2002 Posts: 3371

overtaking vessel is to give way to slower.

end of story. hack kiter should have given you a wider berth.

dllee · Joined: 03 Jul 2009 Posts: 5330 Location: East Bay

Irresponsible to do your tricks in a planing zone, crowded, without looking both ways and clearing your path.
Nobody knows which trick you are planing to do. Just like before jibing and tacking, you have to look both ways, and be sure it's CLEAR, before attempting your change of direction trick.

konajoe · Joined: 28 Feb 2010 Posts: 517

I don't remember the exact wording, but racing rules would require anyone tacking or jibing to keep clear. You lose all right of way from the time you initiate the tack or jibe, until the transition is completed.

So, in court, you would lose. But a race committee would come down hard on somebody who had right of way, but didn't do their best to avoid potentially serious injury.

gronquist · Joined: 12 May 2000 Posts: 71

kmf · Joined: 02 Apr 2001 Posts: 503

Should smould....1st rule...don't hit anybody. You did. Bad.

Keith

isobars · Joined: 12 Dec 1999 Posts: 20946

Now wait a minute. Who hit whom? Who was moving vs nearly stationary? Who had the better opportunity to avoid the collision? Who sailed within inches of the other deliberately? And never forget that NO one has "right of way"; the law (and in a sanctioned event the IYRA rules) spell out who must yield. Would any sane jury or any sailor blame any collision on a guy barely moving rather than on the ass who deliberately planed past at a distance of 6 inches, like Mark "The Dangler" loves to do?