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Upwind Startboard mark rounding & Spreader - Is room entitled
This situation is sailed with large classic bargers of 20 meters that are "slow(er)" turning. (see picture) Course is Up-Down - spreader at the top, gate at the bottom. Mark 1 to be left starboard.
Yellow and Blue made their starboard rounding after upwind around mark 1 Next in the course is the spreader - mark 2 - approached half wind Yellow reaches the zone of mark 2 (spreader) clear ahead. (sorry for not drawing this clearly...) Yellow initiates her rounding at position 4 and her chosen course is to gybe around the mark Port-tack to Starboard wanting to go to steer far right Blue however is sailing on he inside and notices too late that yellow is jibing around the mark, severely slowing down her boat speed by this. At position 5 Blue cannot avoid contact anymore with the stern of yellow.
Question - Was yellow entitled het room at the mark, also considering she is jibing and crossing the vertical line of what could be proper course to the next mark. Interested to her which rules apply and comments.
Gus (I saw you signed Gus above ... if you go by that it will save us all a lot of autocorrect battles with our phones! LOL)
Your first Q is a straight forward application of:
18.2(a)(2) - clear ahead at the zone
Last sentence 18.2(a) - continue to give MR if later an overlap is established.
You show a line indicating the next mark is off the bottom of the page. Yellow's proper course from when she entered the zone of the offset-mark was to sail close to the offset mark. Therefore, Yellow's MR entitled Yellow to sail to the mark.
Blue should have taken Yellow's stern in anticipation that Yellow would sail to the mark.
Up until position #4 when she turns, Yellow was the ROW boat. Case 75 if helpful here. Yellow's proper course was to sail close to the mark and given her turning radius, sailing a bit high and then turning tightly is defendable as a proper course.
That said, I do not think RRS 18.4 applies here as it was not "necessary" for Yellow to gybe to sail to the next mark (assuming the wind is coming from the top of the page). Therefore, Yellow was not limited by 18.4's "not sail further from the mark".
At #4, Yellow turns into Blue who is trapped now between Yellow and the mark and contact was made. There are no boats shown to windward of Yellow and it certainly seems possible for Yellow to avoid contact with Blue or to avoid forcing Blue to make contact with the mark.
Assuming those are the facts and conclusions, Yellow breaks 14(a) and/or 14(c) while Blue breaks 18.2(a).
[It is unclear to me from the drawing alone if Yellow breaks 16.1 since as soon as overlap with Blue occurs, she is no longer ROW and 16.1 no longer applies to her.]
Now comes the question of exoneration.
Blue is not exonerated for breaking RRS 18.2(a) as she was not compelled by another boat to do so.
Yellow has broken 14, but as a boat entitled to mark-room, Yellow is exonerated by 43.1(c) if there is no damage or injury.
PS: I'd say that Blue does not break 14 as it was not reasonably possible for her to avoid contact with both the mark and Yellow when Yellow turned just before 4.
At position 2.5, Yellow reaches the zone clear ahead and is thereafter entitled to mark-room (which includes "Room (a) to sail to the mark when her proper course is to sail close to it and (c) to leave it astern.)
At position 3.5 Y begins turning down to round the mark. (note this is similar to a boat that has space to swing wide and cut close at a leeward mark)
At position 4.8/9 Y is on her heading to the new mark.
At position 5 Y is on Starboard, sailing almost on the rhumb line, and has still not left the mark astern
I am wondering, but might or might not ask the following questions (they may be too leading to ask):
what was yellow's proper course to the next mark?
what was yellow's proper course at this mark?
why did yellow not gybe at 4.7 and sail closer to the mark if her proper course was to go downwind right?
My suspicions are that Yellow feels her proper course is to gybe at the mark, and also that she might have gybed tighter and exited closer to the mark if not for the presence of Blue. Penalize Blue for not giving mark-room.
What about the case where Y claims she gybed away from her proper course only to close the door on B? I think in that case that I would suggest Y is sailing outside of her mark-room. Then penalize Y based on one or more of RRS 15, 16.1, 11).
@Niko - it is always difficult to get the picture perspective with the big-bulky boats correct, despite that they move at 6-7 kts average. The room inside between Yellow and the mark was approx 1,5 ship's width. Narrow, but enough. By Jibing Yellow did go (would go) over the "correct course" to the next Mark (vertical black line) , but was going for her best course, call it fastest course. No intention of Yellow blocking Blue on purpose, but in jibing these boats slow down 2 knots. I will leave my insights on this situation as is for now and see what other comments will come up.
If Yellow's fastest course to sail the course as quickly as possible was to gybe then that is her "proper course" - see definition of "Proper Course". The straight-line course to the next mark is not relevant and certainly isn't her "correct course" (which has no meaning under the rules).
Woooh .. I just look at the drawing on my computer instead of on my phone .. there is nothing on Yellow here IMO.
Blue turns down into Yellow at 5. When Blue alters course at #5, it was not reasonably possible for Yellow to avoid contact with Blue when it became clear to Yellow that Blue was turning down into Yellow instead of up to avoid Yellow.
Yellow does not break 14.
Yellow also does not break 16.1 as it is clear that Blue could have avoided Yellow's stern by turning the same amount up .. instead of down at #5. Yellow gave Blue room to keep clear.
IMO ... based on the drawing ... this is all on Blue with no DSQ risk to Yellow .. damage/injury or not.
Hi Gijs. If I was scribing this hearing, then based on my interpretation of your description, below is what I would propose to the rest of the Jury.
FACTS FOUND 1. Wind strength = ## Knots. 2. Sea state = ## metres high. 3. Yellow and Blue are on port tack fetching (beam reaching) towards mark 2 which is to be left to starboard. 4. The next mark is located directly downwind of mark 2. 5. On reaching the zone of mark 2, Yellow is half of a hull length clear ahead, and half a hull width to windward of Blue, sailing a course that will pass 1 boat length to windward of the mark. 6. On reaching the mark, Yellow bears off 90 degrees to a course passing 1 hull width from the mark, and when abeam of the mark Yellow gybes onto starboard tack. 7. Having held her course, Blue then begins to bear off onto a course passing between Yellow and the mark. 8. Before Yellow leaves the mark astern, the bow of Blue makes contact with the starboard side of Yellow # metres forward of Yellows transom. 9. There was no damage or injury. 10. No boat took a penalty.
CONCLUSIONS Blue not overlapped with Yellow and not in the zone at the time Yellow reached the zone, failed to give Yellow mark-room, and broke RRS 18.2(a)(2). Blue's obligation to give Yellow mark-room did not change when the new overlap was established, as provided in the last sentence of RRS 18.2(a).
Blue on port tack failed to keep clear of Yellow on starboard tack, and broke RRS 10. When acquiring right of way through her own actions, Yellow failed to initially give Blue room to keep clear, and broke RRS 15. Since Yellow broke RRS 15 while she was sailing within the mark-room to which she was entitled, she is exonerated under RRS 43.1(b) for this breach.
When changing course, Yellow the right-of-way boat failed to give Blue room to keep clear, and broke RRS 16.1. Since Yellow broke RRS 16 while she was sailing within the mark-room to which she was entitled, she is exonerated under RRS 43.1(b) for this breach.
Blue did not avoid contact with Yellow even though it was reasonably possible, and broke RRS 14(a).
It was not reasonably possible for Yellow the boat sailing within the mark-room to which she was entitled to avoid contact with Blue when it became clear that Blue was not giving mark-room. Yellow did not break RRS 14(a). Refer: Case 27 "A boat is not required to anticipate that another boat will break a rule".
Iuan .. I don't think the below conclusion is correct .. did you accidentally switch Blue/Yellow when typing?
When acquiring right of way through her own actions, Yellow failed to initially give Blue room to keep clear, and broke RRS 15.
Yellow was ROW since position #1 until position #4. Blue acquires ROW at #4 due to Yellow's actions. RRS 15 doesn't apply to either boat.
PS .. oh .. I think I see what you did. You are saying that Yellow flopped to starboard before Blue altered course into her? I don't see that in the drawing .. but if that is your FF .. ok .. 15 and then exoneration.
Ang - That threw me at first too. I think there is a fact or two missing, but in Iuan's second conclusion, he has an overlap being established in position 4, before Yellow gybes. Blue becomes ROW because of Yellow's change of course and 15 does not apply. When Yellow gybes onto stbd, she becomes ROW and 15 applies then.
I believe that this would result in a penalty against Yellow. Two reasons: She didn't sail "to a position close to" the mark, and she may not have given Blue room to keep clear once she completed her gybe onto starboard.
Mark Room is defined as: Mark-Room Room for a boat to leave a mark on the required side. Also,
(a) room to sail to the mark when her proper course is to sail close to it,
and
(b) room to round or pass the mark as necessary to sail the course without
In the diagram, it appears that Yellow is doing what is called a "tactical rounding", meaning that she is sailing wide of the mark early and then coming close to the mark as she exits. The quote below helps. Was Yellow "...sailing promptly in a seamanlike way to a position close to." I think not. The diagram shows her sailing to a point at least 1 boat-length away from the mark before starting to gybe.
Room to sail to the mark when her proper course is to sail close to it. This means space to sail promptly in a seamanlike way to a position close to, and on the required side of, the mark. A "seamanlike way" refers to boat-handling reasonably expected from a competent crew. (See Case 118)
From the diagram, it isn't clear that Yellow gave Blue time and opportunity to keep clear after Yellow completed her gybe to starboard.
I disagree with Beau's finding that Yellow is sailing outside of her mark-room at the time of the collision (as well as at the times immediately preceding and following it.) I note that Yellow's "corridor" to the mark will have included her location at position 5. I also note the following two items which require Blue to continue to give mark-room to Yellow even after the initial conditions change:
18.2a2 says in part "When a boat is required to give mark-room by this rule, she shall continue to do so for as long as this rule applies, even if later an overlap is broken or a new overlap begins."
Also, the definition of mark-room says in part (c) that it includes "room to leave it astern"
All that said, I would prefer if the rule limited Yellow in the ways that Beau is suggesting. There's no conceptual game-reason to allow a boat that becomes give-way (windward) so much tactical mark-room.
@ all - again these are big slower moving boats and my drawing may not have been fully representative. Myself I was sailing on Blue and unfortunately looking back at other boats behind us when Yellow started her turn into the mark for jibing around it. When turning my sight forward, Yellow already initiated her trun around the mark and initiating the jibe. My skipper did not expect that and sailed his own course expecting Yellow to stay on bowing down on port course as well, but they turned further for the jibe. At that point with these big boats you get stuck.... Blue tried to bow up, but could not avoid the the contact with Yellow anymore. Yellow claimed they had the rights and room the round the mark jibing, as they did not leave it astearn yet (with 20 meter boats when turning/rounding the mark stays overlapped with the hull long time....). I honestly believe Yelliow had all the ROW in rounding the mark and choosing her best proper course going to the right with a jibe (sail surface is 160 square meters) and downwind you want free air.
The only doubt I have is RRS 15 - that a ROW boat has to give appropriate time for the other boat to stay clear.... That is on the table here, since it all goes down pretty fast and once these bargers pull full ruther bearing down they do also brake hard. Blue could not know this, anticipate this nor had a warning hail to stay clear behind whilst Yellow knew what their tactics were - jibing around in a plus 90 degree turn.
Could we, being Blue, have anticipated this .... No, we are not clairvoyant.... Yes, we missed sight in a second with boats behind us..... So, my only defense would be RRS 15. We had no time and space to steer clear of Yellow when she went for an instant jibe close around the mark with full ruther. Yellow may be disputed under RRS 14 (a)/(b) since she knew what her plan was, but did not hail for room where it was obvious for her what course Blue was sailing and collision was apparent in close range. Yellow caused a situation where collission was inevitable.
Yellow had the ROW on 18,2(a) clearly. RRS 16.1 not in play as she is allowed room to round the mark being clear ahead until she leaves it astearn.... RRS 15 is the discussion, including RRS14 for Yellow - all these skippers know the turn-radius, momentum, decelleartion in turn of their boats. Yellow should have foreseen this, knowing where Blue was and knowing her own intentions... being this close at the mark in 4 Bft at 7-8 knts speed.
Yellow did not hail, warn, ask for room to fully jibe where it was obvious it acquired (more) room, hence giving Blue approriate time to change course (18.2a) and stay clear of Yellow. Blue got a "Jack in the Box" surprise.... unable to avoid the contact.
All-in-All - no severe damage or danger. Apologies made from Blue to Yellow - and both interested in the views on this situation. These Bargers and mark roundings are slow and we both agree that the whole fleet and classes of 90+ boats should be more communicative amongst eachother when own intentions are clear and others are less likely to foresee this.
Appreciate your given inputs and comments very much - since one is always in doubt how collisions and danger can be avoided.
It's very important to differentiate between "mark-room" and "Right-of-Way". They need to be used at the appropriate times, and have the appropriate requirements applied.
Right-of-way means the other boat must keep clear (also a defined term). Right-of-way boats can be subject to rules like 15 and 16, allowing room for give-way boats to keep clear.
Mark-room is a limitation on right-of-way, allowing a mark-room boat to sail close to a mark, and to be exonerated for breaking most Right-of-way rules while doing so. A boat giving mark-room must anticipate a path "close to the mark" for the mark-room boat up until Yellow is "past the mark" and "has left it astern". A mark-room boat is not required to hail or warn. They have every right to maneuver in any way they wish within that mark-room "corridor" and are NOT subject to RRS 15 or 16 (technically, they are exonerated when they break these rules while maneuvering within their mark-room.)
The way for a clear-astern boat to confidently avoid collision is to go outside the clear-ahead boat (or to slow down until the latter has passed the mark). That is both the safe thing to do, and the racing rules requirement on them.
I'll add that in a protest hearing, which may be used by insurance companies, etc. to determine liability, the only information judges will have are the words and drawings of the participants. If those drawings are inaccurate, then so will be the facts found. In the hearing we can ask questions to clarify. In this case, we can only pass judgement on the case presented, and not on your specific scenario, which apparently is similar, but not identical.
@ Niko - for 20meter bargers, slow and wider radius turning the boats.exe software is sometimes confusing on how it worked out exactly.... unlike dinghy's and sharp keel yachts they cannot "clip" a mark in a sharp rounding, I do agree that 15 and 16.1 can get into play here. Akthough 16.1 less likely given that Yellow has ROW to change her course to round the mark. Yellow had right on room to round the mark, but is vunrable to RRS 15, by making an unexpected or less unopredictable move by going for a full jibe from the more outside position she took/kept for a more smooth rounding.
I have to admit I'm confused. Having been in multiple hearings (as a competitor and a judge) where the discussion of what it meant to sail "to the mark" was critical. In none of those discussions was it accepted that sailing a "tactical rounding" (to a turning point over one boat-length from the mark to execute a wide-n-tight rounding) qualified as "sailing to the mark". What am I missing here. Did something change?
Beau .. Yellow is clear ahead of Blue from #1 to #3, Yellow is ROW and is unencumbered by her choice of course. As Gus says these are big slow maneuvering boats .. the path Yellow carves is a perfectly reasonable course to the mark and to round it on its proper side close to the mark given those parameters.
Yellow mustn't gybe at the mark to sail her proper course .. so 18.4 does not apply.
Yellow isn't shown sailing past the mark actually .. and then coming back. Her path is never shown past DDW. Yellow starts her turn before she's abeam. If you were to flop her boom back to port at #4.5 the end of the boom is at the mark.
Usually when tactical roundings are at issue is when the inside boat entitled to MR and is the keep clear boat. Then, the inside boat is limited by her MR and the space provided by the outside boat.
Case 75 shows the opposite at a leeward mark. There the inside boat is both entitled to MR AND ROW (as in this case). But in Case 75, 18.4 applies ... so Inside is limited by her proper course. In this OP, IMO 18.4 doesn't apply.
Beau ... I'd suggest reading Case 75 and US20 together (these 2 are a sort'of ying/yang for tactical roundings) and then add Case 63 , paying special attention to the last paragraph of Case 63's discussion.
The 3 of them paint a fairly complete picture when read together.
Your first Q is a straight forward application of:
You show a line indicating the next mark is off the bottom of the page. Yellow's proper course from when she entered the zone of the offset-mark was to sail close to the offset mark. Therefore, Yellow's MR entitled Yellow to sail to the mark.
Blue should have taken Yellow's stern in anticipation that Yellow would sail to the mark.
Up until position #4 when she turns, Yellow was the ROW boat. Case 75 if helpful here. Yellow's proper course was to sail close to the mark and given her turning radius, sailing a bit high and then turning tightly is defendable as a proper course.
That said, I do not think RRS 18.4 applies here as it was not "necessary" for Yellow to gybe to sail to the next mark (assuming the wind is coming from the top of the page). Therefore, Yellow was not limited by 18.4's "not sail further from the mark".
At #4, Yellow turns into Blue who is trapped now between Yellow and the mark and contact was made. There are no boats shown to windward of Yellow and it certainly seems possible for Yellow to avoid contact with Blue or to avoid forcing Blue to make contact with the mark.
Assuming those are the facts and conclusions, Yellow breaks 14(a) and/or 14(c) while Blue breaks 18.2(a).
[It is unclear to me from the drawing alone if Yellow breaks 16.1 since as soon as overlap with Blue occurs, she is no longer ROW and 16.1 no longer applies to her.]
Now comes the question of exoneration.
Blue is not exonerated for breaking RRS 18.2(a) as she was not compelled by another boat to do so.
Yellow has broken 14, but as a boat entitled to mark-room, Yellow is exonerated by 43.1(c) if there is no damage or injury.
PS: I'd say that Blue does not break 14 as it was not reasonably possible for her to avoid contact with both the mark and Yellow when Yellow turned just before 4.
I am wondering, but might or might not ask the following questions (they may be too leading to ask):
My suspicions are that Yellow feels her proper course is to gybe at the mark, and also that she might have gybed tighter and exited closer to the mark if not for the presence of Blue.
Penalize Blue for not giving mark-room.
What about the case where Y claims she gybed away from her proper course only to close the door on B?
I think in that case that I would suggest Y is sailing outside of her mark-room. Then penalize Y based on one or more of RRS 15, 16.1, 11).
The room inside between Yellow and the mark was approx 1,5 ship's width. Narrow, but enough. By Jibing Yellow did go (would go) over the "correct course" to the next Mark (vertical black line) , but was going for her best course, call it fastest course. No intention of Yellow blocking Blue on purpose, but in jibing these boats slow down 2 knots. I will leave my insights on this situation as is for now and see what other comments will come up.
Yellow is ROW up until just before 4. Assuming the next mark is down the page, Yellow's PC is to sail close to it.
RRS 18.4 does not apply assuming the wind is from the top and next mark off the bottom of the drawing.
IMO, there is nothing in this drawing that suggests that Yellow is sailing outside of her MR.
Blue enters the area next to the mark "at her own risk" (Case 63).
15 does not apply here to either boat. Yellow was ROW from #1. Blue become ROW because of Yellow's actions (Yellow turning down).
Yes, Yellow breaks 11, but is exonerated for that along with 16.1 as she is a boat entitled to MR and is sailing within that room.
Blue turns down into Yellow at 5. When Blue alters course at #5, it was not reasonably possible for Yellow to avoid contact with Blue when it became clear to Yellow that Blue was turning down into Yellow instead of up to avoid Yellow.
Yellow does not break 14.
Yellow also does not break 16.1 as it is clear that Blue could have avoided Yellow's stern by turning the same amount up .. instead of down at #5. Yellow gave Blue room to keep clear.
IMO ... based on the drawing ... this is all on Blue with no DSQ risk to Yellow .. damage/injury or not.
If I was scribing this hearing, then based on my interpretation of your description, below is what I would propose to the rest of the Jury.
FACTS FOUND
1. Wind strength = ## Knots.
2. Sea state = ## metres high.
3. Yellow and Blue are on port tack fetching (beam reaching) towards mark 2 which is to be left to starboard.
4. The next mark is located directly downwind of mark 2.
5. On reaching the zone of mark 2, Yellow is half of a hull length clear ahead, and half a hull width to windward of Blue, sailing a course that will pass 1 boat length to windward of the mark.
6. On reaching the mark, Yellow bears off 90 degrees to a course passing 1 hull width from the mark, and when abeam of the mark Yellow gybes onto starboard tack.
7. Having held her course, Blue then begins to bear off onto a course passing between Yellow and the mark.
8. Before Yellow leaves the mark astern, the bow of Blue makes contact with the starboard side of Yellow # metres forward of Yellows transom.
9. There was no damage or injury.
10. No boat took a penalty.
CONCLUSIONS
Blue not overlapped with Yellow and not in the zone at the time Yellow reached the zone, failed to give Yellow mark-room, and broke RRS 18.2(a)(2).
Blue's obligation to give Yellow mark-room did not change when the new overlap was established, as provided in the last sentence of RRS 18.2(a).
Blue on port tack failed to keep clear of Yellow on starboard tack, and broke RRS 10.
When acquiring right of way through her own actions, Yellow failed to initially give Blue room to keep clear, and broke RRS 15.
Since Yellow broke RRS 15 while she was sailing within the mark-room to which she was entitled, she is exonerated under RRS 43.1(b) for this breach.
When changing course, Yellow the right-of-way boat failed to give Blue room to keep clear, and broke RRS 16.1.
Since Yellow broke RRS 16 while she was sailing within the mark-room to which she was entitled, she is exonerated under RRS 43.1(b) for this breach.
Blue did not avoid contact with Yellow even though it was reasonably possible, and broke RRS 14(a).
It was not reasonably possible for Yellow the boat sailing within the mark-room to which she was entitled to avoid contact with Blue when it became clear that Blue was not giving mark-room. Yellow did not break RRS 14(a).
Refer: Case 27 "A boat is not required to anticipate that another boat will break a rule".
DECISION
Blue is DSQ in race ##.
Yellow was ROW since position #1 until position #4. Blue acquires ROW at #4 due to Yellow's actions. RRS 15 doesn't apply to either boat.
PS .. oh .. I think I see what you did. You are saying that Yellow flopped to starboard before Blue altered course into her? I don't see that in the drawing .. but if that is your FF .. ok .. 15 and then exoneration.
Mark Room is defined as:
Mark-Room Room for a boat to leave a mark on the required side. Also,
In the diagram, it appears that Yellow is doing what is called a "tactical rounding", meaning that she is sailing wide of the mark early and then coming close to the mark as she exits. The quote below helps. Was Yellow "...sailing promptly in a seamanlike way to a position close to." I think not. The diagram shows her sailing to a point at least 1 boat-length away from the mark before starting to gybe.
Room to sail to the mark when her proper course is to sail close to it. This means space to sail promptly in a seamanlike way to a position close to, and on the required side of, the mark. A "seamanlike way" refers to boat-handling reasonably expected from a competent crew. (See Case 118)
From the diagram, it isn't clear that Yellow gave Blue time and opportunity to keep clear after Yellow completed her gybe to starboard.
All that said, I would prefer if the rule limited Yellow in the ways that Beau is suggesting. There's no conceptual game-reason to allow a boat that becomes give-way (windward) so much tactical mark-room.
At that point with these big boats you get stuck.... Blue tried to bow up, but could not avoid the the contact with Yellow anymore. Yellow claimed they had the rights and room the round the mark jibing, as they did not leave it astearn yet (with 20 meter boats when turning/rounding the mark stays overlapped with the hull long time....).
I honestly believe Yelliow had all the ROW in rounding the mark and choosing her best proper course going to the right with a jibe (sail surface is 160 square meters) and downwind you want free air.
The only doubt I have is RRS 15 - that a ROW boat has to give appropriate time for the other boat to stay clear.... That is on the table here, since it all goes down pretty fast and once these bargers pull full ruther bearing down they do also brake hard. Blue could not know this, anticipate this nor had a warning hail to stay clear behind whilst Yellow knew what their tactics were - jibing around in a plus 90 degree turn.
Could we, being Blue, have anticipated this .... No, we are not clairvoyant.... Yes, we missed sight in a second with boats behind us.....
So, my only defense would be RRS 15. We had no time and space to steer clear of Yellow when she went for an instant jibe close around the mark with full ruther.
Yellow may be disputed under RRS 14 (a)/(b) since she knew what her plan was, but did not hail for room where it was obvious for her what course Blue was sailing and collision was apparent in close range. Yellow caused a situation where collission was inevitable.
Yellow had the ROW on 18,2(a) clearly.
RRS 16.1 not in play as she is allowed room to round the mark being clear ahead until she leaves it astearn....
RRS 15 is the discussion, including RRS14 for Yellow - all these skippers know the turn-radius, momentum, decelleartion in turn of their boats. Yellow should have foreseen this, knowing where Blue was and knowing her own intentions... being this close at the mark in 4 Bft at 7-8 knts speed.
Yellow did not hail, warn, ask for room to fully jibe where it was obvious it acquired (more) room, hence giving Blue approriate time to change course (18.2a) and stay clear of Yellow. Blue got a "Jack in the Box" surprise.... unable to avoid the contact.
All-in-All - no severe damage or danger. Apologies made from Blue to Yellow - and both interested in the views on this situation. These Bargers and mark roundings are slow and we both agree that the whole fleet and classes of 90+ boats should be more communicative amongst eachother when own intentions are clear and others are less likely to foresee this.
Appreciate your given inputs and comments very much - since one is always in doubt how collisions and danger can be avoided.
Right-of-way means the other boat must keep clear (also a defined term). Right-of-way boats can be subject to rules like 15 and 16, allowing room for give-way boats to keep clear.
Mark-room is a limitation on right-of-way, allowing a mark-room boat to sail close to a mark, and to be exonerated for breaking most Right-of-way rules while doing so. A boat giving mark-room must anticipate a path "close to the mark" for the mark-room boat up until Yellow is "past the mark" and "has left it astern". A mark-room boat is not required to hail or warn. They have every right to maneuver in any way they wish within that mark-room "corridor" and are NOT subject to RRS 15 or 16 (technically, they are exonerated when they break these rules while maneuvering within their mark-room.)
The way for a clear-astern boat to confidently avoid collision is to go outside the clear-ahead boat (or to slow down until the latter has passed the mark). That is both the safe thing to do, and the racing rules requirement on them.
I'll add that in a protest hearing, which may be used by insurance companies, etc. to determine liability, the only information judges will have are the words and drawings of the participants. If those drawings are inaccurate, then so will be the facts found. In the hearing we can ask questions to clarify. In this case, we can only pass judgement on the case presented, and not on your specific scenario, which apparently is similar, but not identical.
I do agree that 15 and 16.1 can get into play here. Akthough 16.1 less likely given that Yellow has ROW to change her course to round the mark.
Yellow had right on room to round the mark, but is vunrable to RRS 15, by making an unexpected or less unopredictable move by going for a full jibe from the more outside position she took/kept for a more smooth rounding.
I have to admit I'm confused. Having been in multiple hearings (as a competitor and a judge) where the discussion of what it meant to sail "to the mark" was critical. In none of those discussions was it accepted that sailing a "tactical rounding" (to a turning point over one boat-length from the mark to execute a wide-n-tight rounding) qualified as "sailing to the mark". What am I missing here. Did something change?
Beau
Yellow mustn't gybe at the mark to sail her proper course .. so 18.4 does not apply.
Yellow isn't shown sailing past the mark actually .. and then coming back. Her path is never shown past DDW. Yellow starts her turn before she's abeam. If you were to flop her boom back to port at #4.5 the end of the boom is at the mark.
Usually when tactical roundings are at issue is when the inside boat entitled to MR and is the keep clear boat. Then, the inside boat is limited by her MR and the space provided by the outside boat.
Case 75 shows the opposite at a leeward mark. There the inside boat is both entitled to MR AND ROW (as in this case). But in Case 75, 18.4 applies ... so Inside is limited by her proper course. In this OP, IMO 18.4 doesn't apply.
The 3 of them paint a fairly complete picture when read together.
Ang