31. Facts Found: In 15 knots of breeze, Four-Way Stop was approaching the windward mark of a buoys to starboard course on starboard tack with Phyrkle Fantasy half a length off the windward corner of his transom as shown in the diagram on the left. Phyrkle informed Four-Way that Four-Way would not have the right to tack in this situation.
	At the mark, Four-Way tacked. Phyrkle was forced to bear away violently to avoid contact with 4-Way while 4-Way Stop was tacking. Phyrkle lodged a valid protest.

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Ruling:  Even though the boats were on a beat, rule 18 applied since they were not on opposite tacks. Since Four-Way Stop was clear ahead when she reached the zone, she was entitled to mark-room under rule 18.2(b). Rule 18.2(c) does however state: "if the boat entitled to mark-room passes head to wind or leaves the zone, rule 18.2(b) ceases to apply" At this point, Four-Way Stop became subject to rule 13 which she broke. The protest is upheld and Four-Way Stop is disqualified.
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NOTE: What the boat clear ahead should do in this situation if she is close enough to the mark, is to luff up but not tack alongside the mark. This forces a boat close astern to bear off and pass to leeward (or pass on the wrong side of the mark!!!!). Once FWS becomes overlapped inside of PF, the mark-room definition says "mark-room does not include room to tack unless the boat is overlapped to windward and on the inside of the boat required to give mark-room." and it becomes safe and legal for the inside boat to complete the tack.

This whole situation arises only if the boat clear astern is very close. Therefore only a very brief luff will be required - you might think of it as an extremely slow tack - remembering that the official tack does not start until you've passed head to wind (rule 13)!

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Case #32
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