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 BoredSailorAll's Well lodged a valid protest.

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Decision:  The mark-room provisions of rule 18 did not apply here since the boats were beating and on opposite tacks (18.1a). Instead, 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). BoredSailor infringed rule 13 since she did not keep clear of All's Well while tacking. 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 zone as follows:
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"18.3 Tacking in the Zone
If a boat in the zone passes head to wind and is then on the same tack as a boat that is fetching the mark, rule 18.2 does not thereafter apply between them.
The boat that changed tack
(a) shall not cause the other boat to sail above close-hauled to avoid her or prevent the other boat from passing the mark on the required side, and
(b) shall give mark-room if the other boat becomes overlapped inside her."

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Case #33
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