CALL MR 40           

Rule 10 On Opposite Tacks
Rule 11 On the Same Tack, Overlapped
Rule 18.2 Giving Mark-Room
Rule 18.5 Exoneration
Rule C2.2 Definition Proper Course
Definitions Mark-Room


Question

Blue has an outstanding penalty. Blue enters the zone of the finishing mark clear ahead of Yellow, and never thereafter leaves the zone. Shortly after position 3 Yellow establishes an inside overlap on Blue. Blue gybes to port and then closes the gap between the boats by heading up and aiming directly at the finishing flag on the race committee boat.
There is contact between Blue and Yellow, with no damage. There is a Y-flag. What should the call be?

Answer
Penalize Blue.
Blue was clear ahead when she reached the zone and rule 18.2(b) began to apply. From position 1 and throughout the incident, Blue is at the mark. Rule 18.2(b) requires that Yellow thereafter gives Blue mark-room. When at the mark, markroom for a boat is room to sail her proper course at the mark. Blue’s proper course at the mark is the course she would have sailed if she had not had an outstanding penalty to finish as soon as possible in the absence of Yellow. Initially, Yellow keeps clear and gives Blue mark-room.
After Yellow becomes overlapped and gains right of way, she continues to give Blue room to sail her proper course.
Gybing in this situation may have been a proper course for Blue at that time, however, after Blue gybes to port, the umpires are certain she luffs above her proper course and fails to keep clear of Yellow. Neither rule 18.2(b) nor the definition mark-room requires Blue to sail her proper course while at the mark, however, if she does not, rule 18.5 would not apply and Blue would not be exonerated for her breach of rule 10.