18.3 and not fetching the mark

That's what I thought. If I had stood on until P1 was forced to tack or, more likely, duck I could have tacked then (FWIW I think P1 would have had to duck S2 as well)? The whole thing happened inside the zone and I did turns after the mark.

From a tactical viewpoint, S1 is approaching the mark on starboard, has been headed and can't fetch the mark without a double tack, S2 is about clear astern, slightly to windward and still able to fetch the mark. S1 can tack and tack back, both tacks are completed without making S2 to alter course. All straightforward at this point. But, P1 is approaching on the port layline such that S1 can't complete both tacks without the second, port to starboard, tack causing P1 to have to alter course to avoid S1.

Since rule 18.3 was changed in 2017 the protests I have seen have all had P fetching the mark, so the problem of P not fetching and the rule not applying has not arisen.  I don't think there have been any Cases or Appeals about it either.

Here are some thoughts.

The obvious concern is P, realising that she has tacked too close to S and caused S to sail above close hauled, will fake ‘not fetching’ and deliberately sail below the mark to avoid being bound by rule 18.3.  If she does that, she can do a bear away, gybe and re-attack the layline, instead of taking a two turns penalty for breaking rule 18.3.

As JimC has said if P actually does fetch the mark, that proves that she was fetching it and that rule 18.3 applies. Conversely, if P falls below it and does NOT fetch the mark, this is arguably evidence that she was not fetching the mark and rule 18.3 did NOT apply. A protest committee might need to look for evidence that, after tacking:

P sailed below close hauled,

P did not pinch as high as she was able so as to fetch the mark;

P did not ‘shoot’ the mark when it was possible for her to do so.

These may be pretty subtle judgments, and, in the heat of the moment of a crowded rounding, there may be a distinct shortage of credible testimony.

Another issue is whether, if S is already pinching to fetch the mark, whether any action by P can cause S to sail above close hauled, when she is already doing so.      

Edited by Brass - 30 Jul 20 at 8:42am

Edited by GML - 29 Jul 20 at 11:32am

One of the conditions for rule 18.3 to apply is that the boat which tacked must be "then fetching the mark".