32. Facts found: In 10 knots of breeze, BoredSailor was approaching the windward mark of a buoys to starboard course on starboard tack on a collision course with All's Well who was approaching on port tack as shown at left. All's Well informed BoredSailor that BoredSailor would not have the right to tack in this situation. 

BoredSailor, however, tacked at the mark as shown on the left. All's Well was forced to bear away violently to avoid contact with BoredSailor. All's Well lodged a valid protest.

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Decision: The buoy room provisions of rule 18 did not apply here since the boats were beating and on opposite tacks (18.1b). Therefore, rule 10 (opposite tacks), and rule 16 (changing course) applied until BoredSailor passed head to wind. At this point BoredSailor became subject to rule 13 (While Tacking). She infringed rule 13 since she did not keep clear of All's Well while tacking, and rule 16.2 as well. The protest is upheld.

NOTE: Even if BoredSailor should complete her tack without infringing rule 13, she would still be subject to rule 18.3 which places severe restrictions on a boat tacking in(to) the two-length circle as follows:
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"If two boats were approaching a mark on opposite tacks and one of them completes a tack in the two-length zone when the other is fetching the mark, rule 18.2 does not apply. The boat that tacked

(a) shall not cause the other boat to sail above close-hauled to avoid her or prevent the other boat from passing the mark, and

(b) shall give room if the other boat becomes overlapped inside her, in which case rule 15 does not apply."

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Case #33
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