Boats PA and PB, two port-tack boats, are approaching a leeward mark to be left to port. When approximately one length from the zone, PA hails, “No over- lap...no Room!” PB responds, “We’re not there yet!” After both boats are in the zone, PB hails, “I got the overlap before you reached the zone... Room!” PA responds, “No, you didn’t...no Room!” PA did not give PB room to round the mark. PB protested PA.
You are on the protest committee; how would you decide this?
Answer
Disallow PB’s protest. At position 1, before PA reached the zone, PA was clear ahead of PB. Inside the zone the boats were overlapped. PB claims to have cre- ated the overlap before PA reached the zone; PA claims that PB did not create the overlap before PA reached the zone. Rule 18.2(e), Giving Mark-Room, states: “If there is reasonable doubt that a boat obtained or broke an overlap in time, it shall be presumed that she did not.” There is “reasonable doubt” that PB obtained the overlap before PA reached the zone; therefore the protest com- mittee must assume she did not obtain the overlap in time. Therefore, PA was not required to give PB mark-room under rule 18.2(a), Giving Mark-Room. (See US Sailing Appeal 92.)