Blue was not overlapped until she completed her tack at position 2. Also remember that a boat is fetching if she can pass to windward of the mark without changing tacks. So if she could shoot head to wind and make it, she would still be  fetching and it is not clear that absent yellow, she would or would not make it.  I do not see where yellow is sailing within mark room so breaks 16.1 when she luffs hard and is not entitled to exoneration under rule 21. 

Let's assume Blue can not shoot and therefore is not fetching; let's further assume that Blue does not break 16.1 during her luff. While 18.1(a) therefore applies to Yellow in this case, so does Rule 11. If Yellow fails to keep clear of Blue she has broken Rule 11. And that makes sense from a position that the rules are designed to prevent boats from making contact. Rule 18, in this case, doesn't relieve Yellow of her obligations under other rules (specifically 11) which may apply even though Blue may break a rule as well.
Now further assuming Blue does not fetch (hits the mark and pushes around it) and Yellow keeps clear and gives mark-room to Blue (which Blue may be unable to fully take advantage of), then Blue would likely be in a position to have to retire under 44.1(b) from the mark contact as she likely would gain an advantage by breaking Rule 31. 

Read the definition of "fetching".  As long as blue does not cross head to wind (from starboard to port) she is "fetching" and therefore subject to 18.3.

Read the definition of "fetching".  As long as blue does not cross head to wind (from starboard to port) she is "fetching" and therefore subject to 18.3

Hmm...It seems to me it's clear that Blue is not located in a position to pass to windward of the mark and leave it on the required side without changing tack.

Well, what will be your answers to the questions on pics 3 and 4?

       

In both examples blue is not "fetching" and therefore not subject to RRS 18.3.  If he tacked clear of yellow then yellow must keep clear under RRS 11.  In both diagrams if blue tacked so close to yellow that yellow could not keep clear then blue broke either RRS 15 or RRS 16.1.

In both examples blue is not "fetching" and therefore not subject to RRS 18.3.  If he tacked clear of yellow then yellow must keep clear under RRS 11.  In both diagrams if blue tacked so close to yellow that yellow could not keep clear then blue broke either RRS 15 or RRS 16.1

Thanks for you answer. And what about RRS 18.2 (and RRS 21)? I guess Blue's luff is her proper course to sail close to the mark.

If we agree that in "Pic. 4" that Blue is not fetching, then at what point do they begin "fetching" after making contact with the mark and using force to get clear of the object without changing tack to pass to windward of the mark?  Or does "fetching" mean to pass without making contact?  Because that isn't what the definition specifically says.
From the definition, in Pic. 4, Blue is fetching if they can pass on the required side of the mark without changing tack even if they make contact with the mark.
It seems that either a boat is or is not fetching for the entirety of the evolution.



I believe that the new rule 18.3 will work fine. Please consult the definition Fetching and the new rule 18.3 as you read what follows.

Let me try to explain why I believe new rule 18.3 will work fine:

Assume: At a windward mark to be left to port, S is approaching the mark on starboard tack. P is approaching on port tack and is in the zone. P tacks to leeward of S's track without breaking rule 13.

After P completes her tack, she is either fetching the mark or she is not fetching it. Let's consider each of these two possibilities separately.

If P is fetching the mark, then rule 18.3 applies between P and S. If P luffs S head to wind, then S will have sailed above close-hauled to avoid contact with P. P will have caused S to sail above close-hauled to avoid contact, and so P will have broken rule 18.3.

If P is not fetching the mark, then rule 18.3 does not apply between P and S. P is the leeward boat with right of way over S. If P luffs S head to wind, S should sail above close-hauled to avoid breaking rule 14 by making contact with P. Because P was not fetching the mark, P's luff will not enable her to round the mark to port. If P were to continue to turn past head to wind, then P would break rule 13. In order not to break any rules, P will have to bear off and return to a close-hauled course on starboard tack, regain speed, and then figure out some other way to round the mark (for ex., gybe round onto port tack and approach again looking for a hole in the line of starboard tackers, or slow by luffing her sails and wait for a chance to tack to port between starboard tackers). The important point is that P will have a net loss because of her luff.

So, whether or not P is fetching the mark after she completes her tack in the zone, P looses with respect to all the other boats in the fleet. If P luffs S she will break rule 18.3 and have to take a Two Turns Penalty, or if she cannot fetch by luffing, she will waste time and, thereby, loose ground on all the other boats in the fleet.

It is my opinion, that once sailors realize that they cannot gain by luffing S in the situation you described, those sailors will not luff S. I believe the new rule 18.3 will work just fine at port-rounding windward marks.

Hi,
I'm been thinking about the issues raised here, and my concern in Picture 4 above is the new wording of 18.3 changes who is DSQ if there is a protest.  

One club near me races on a river where there is often light air and adverse current.  Boats can have problems with the current and pile ups at the weather mark are not uncommon.  My interpretation of picture 4 is that under the new 18.3 Yellow is DSQ for breaking 11.  Under the former 18.3 Blue would be DSQ for breaking 18.3.

To me it's immaterial that this will be slow for Blue, they made a tactical mistake and the result is windward is DSQ.  My understanding is the intention of 18.3 is to make mark rounding more orderly by discouraging port from tacking in the zone. In my opinion his change introduces uncertainty by allowing some circumstances where who is wrong changes.

When Blue can't fetch the old move would be to jibe away as there was no way for Blue not to foul windward.  Now it's a valid move for Blue to luff up to head to wind because windward needs to keep clear, and Blue can wait for windward to sail past or tack.

It's a very specific circumstance, but I think this rule change does change how the game can be played and when there is contact changes who is DSQ.

I thought this was about RRS 18.3?

In the RRS 18.3 is words "rule 18.2"