This came up in the Soling Nationals--not as a protest but as a discussion following an interaction that was not protested.
The course had a leeward gate. The finish was a downwind "Dogleg" finish off the starboard bow of the signal boat (opposite side as the start line. The signal boat would be left to Starboard by boats finishing. The gate is specified as "2p" (left hand turn) or "2s," right hand turn. On the way to the downwind finish, the course chart specifies "...2p-F." So, you must leave the course-right gate to port and sail to the finish.
On the last downwind, two port tack boats are heading to pass between the gate and head to finish. A Starboard tack boat will need to gybe after leaving 2p to head to the finish. But, while on starboard, is on collision course with the Port boats.
Rule 18.4 says:
"When an inside overlapped right-of-way boat must gybe at a mark to sail her proper course, until she gybes she shall sail not further from the mark than needed to sail that course. Rule 18.4 does not apply at a gate mark."
Question 1: does rule 18.4 apply at this mark? It's called a gate mark in the SIs. But is it a gate in this case or just a single mark to be left to port? Bear in mind that we as judges are not supposed to do much interpretation: just apply the rule as written. So, while I might think the last sentence of 18.4 is there because Starboard could choose to sail to the 2s mark to round and is entitled to do so. But this is not the case here. So, it's not a gate on this leg.
Or, should I say that it is defined as a gate in the SIs and therefore rule 18.4 does not apply and S can sail as far as she wants, forcing the port tack boats to gybe or take her stern.
The other level is how far could be considered proper course? The boats are not rounding to go back upwind. S could claim they wanted to sail a couple of BL farther to sail a hotter angle to the finish. That was their proper course.
Thoughts?
The course 2P-F, indicates that it is not a gate. 2S is irrelevant and the SI normally indicate the course workout including 2S in the description just before the Finish.
Port tack running near 2p has a finite travel between the gate and the finish - mere inches, if close to the mark.
If she continues on port, she will basically be paralleling the finish line, and delaying her finish and the finishes of the starboard tackers.
18.4 does not apply.
But does Sportsmanship and Fair Play apply?
Case 78 tells us:
a boat may use tactics that clearly interfere with and hinder another boat's progress in the race, provided that, if she is protested under rule 2 for doing so, the protest committee finds that there was a reasonable chance of her tactics benefiting her final ranking
Now, what is her status the moment her bow crosses the finish line - which could be instantly.
I think they clearly mean that last gate is a gate and, for instance, you could not leave 2S to port.
If, on the other hand, the course was “S-1-2s/2p-1-2s/2p-F” you would be correct and a boat leaving 2s to port would be NSC.
A1-yes, this is a mark, not a gate as clearly described in the SI as a course of “…2p-F.”
To test this, how would you score a boat that leaves both 2s (not a mark of the course on this leg) and 2p both to port then proceeds to the finish? The boat would correctly be scored her position and not “NSC” because 2s is not a mark of the course for this leg and does not affect her “string”.
Q2-how far past 2p could be considered proper course for stbd?
A2-the proper course is the course stbd would sail in the absence of the other boats to finish as quickly as possible.