UM8 and UM10, overlapped on port tack with UM8 inside, approached a leeward mark to be left to port and subsequently rounded it as shown in the diagram. The next leg was a beat to windward. The wind was moderate and the seas negligible. UM8 protested UM10 under rule 18.2(b) for not giving her room to sail to the mark and round it. The protest committee decided that UM10 did give UM8 the room she was entitled to and denied the protest. UM8 appealed.

In order to sail the course, it was necessary for UM8 to change course from a broad reach to a close-hauled course as she rounded the mark. Therefore, her proper course was to sail close to the mark at some point in her turn. Because UM8 was entitled to mark-room, she was entitled to room, as defined by the definition Room,

‘Room’ in the phrase ‘room to sail to the mark’ means space to sail promptly in a seamanlike way to a position close to, and on the required side of, the mark. In this case, UM8 had sailed to the mark at position 3 in the diagram because the mark was abeam of her bow and she was close to the mark. Between positions 3 and 5 she was rounding the mark and, therefore, entitled to room to turn promptly in a seamanlike way from a broad reach to a close-hauled course.

The diagram indicates the UM10 gave UM8 room to sail to the required side of the mark and to round it as necessary to sail the course. Therefore, the protest committee's application of rule 18.2(b) and the three components of the definition Mark-Room were correct. UM8's appeal is denied and the decision of the protest committee is upheld.

USA 2011/105