Mark room or Port/Starboard

S was partly right, but rule 10, port/starboard was not the only rule that still applied.

 

L was initially overlapped inside and entitled to mark-room, thus the mark-room to which she was entitled included room to tack (Definition:  mark-room), as long as it lasted.

 

When L, in tacking, passed head to wind, boats came to be on opposite tacks, and the proper course of S at the mark, but not of L, was to tack.  Rule 18, from that instant ceased to apply (rule 18.1( b )), (Case 15 last sentence).  Room to tack only allows room until you have passed head to wind.

 

You said S hardened up and contact occurred.  That sounds like S, the right of way boat changing course did not give L room to keep clear, so S broke rule 16.1, and quite likely rule 14.

 

L on Port did not keep clear of S on starboard, so L broke rule 10, but if S did not give L room to keep clear, then L would have been compelled to break rule 10 by S breaking rule 16.1 and L shold be exonerated in accordance with rule 64.1( c ).

 

Originally posted by Simon368 i will try to use the software to show positions but I was 'overlapped to windward and on the indside 'as I approached the mark and the mark would have been alonside my staboard side amidships as I existed the tack on port

 

The issue is not whether your were 'at' the mark (which on your diagram, I don't dispute you were).  On my analysis, as you originally described it, once you passsed head to wind, rule 18 went off in its entiriey.  I agree with PEd that, as diagrammed, S had already failed to give you mark-room before you luffed and passed head to wind.

 

Originally posted by Rupert Surely there has to be time and opportunity to keep clear following the tack?  If the tide is taking you, then opportunity is not there. And if you are still in the process of rounding the mark, then you still have mark room. And, as was said, if a boat deliberately luffs to hit you, they are in the wrong, whatever else happens.

 

Rupert, please join us in the 21st century.  The entitlement conferred by rule 16.1 is an entitlement to room, being 'The space a boat needs in the existing conditions while manoeuvring
promptly in a seamanlike way'.  The concept of time is conveyed by 'promptly' and there is nothing about 'opportunity'.

 

see previous page there is a website address. Only found it today