Between positions 1 and 2 P bore away to pass astern of S. A moment later S chose to tack. After sailing free for about a hull length, P resumed her close-hauled course, having lost about a hull length to windward, and passed S a hull length to windward of her. After S tacked, P's luff to closehauled was not caused by a need to keep clear of S. P protested S under rule 16.1. P claimed that, when S tacked after P had borne away to pass astern of S, S failed to give P room to keep clear. The protest committee disqualified S under rule 16.1. S appealed.

S's appeal is upheld. She is to be reinstated. S was subject to rule 16 only while luffing from a close-hauled starboard-tack course to head to wind. During that time P had room to keep clear, and so S did not break rule 16.1. S did not break rule 16.2 because P was able to continue to sail her course "for about a hull length" which demonstrated that S's luff did not require P to change course immediately to continue keeping clear. After S turned past head to wind, P became the right-of-way boat under rule 13, and rules 16.1 and 16.2 no longer applied. S kept clear of P as required by rule 13. No rule was broken by S.

USA 1963/93