Team Race - CALL E 12      

Rule 11 On the Same Tack, Overlapped
Rule 16.1 Changing Course
Rule 18.2 Giving Mark-Room
Definitions Mark-Room

Question
A and X are approaching a windward mark to be left to starboard. X is overlapped outside A at the zone and must give A mark-room. She does so, including giving room for A to tack at the mark. At position 3 X has luffed slightly while giving A room to keep clear. A responds just enough to keep clear, but there is no longer enough room for her to tack. A protests. What should the call be?

Answer
No penalty.
Mark-room includes room to tack for A because she is overlapped to windward and on the inside of X. The proper course for A at the mark was to tack and X gave her room to do so. The requirement for X to give mark-room ceases when she has given A ‘room to sail her proper course while at the mark’ (see Definition Mark-Room). At position 3, the boats are no longer at the mark and, as a result, X no longer has an obligation under rule 18.2(b) to give mark-room. A has kept clear as required by rule 11.

When mark-room for a boat includes room to tack and she does not tack, but instead sails clearly beyond where she needed to tack in order to sail her proper course, she ceases to be at the mark.