33. Facts found:  Oooops was a boatlength to leeward and ahead of Nautical Nerd on starboard tack as the two approached a windward mark to be left to port. Nautical Nerd was laying the mark but Oooops needed to tack to round. When Oooops' bow reached the zone, she asked for room to tack. ..... Nautical Nerd refused to give room and Oooops was forced to make other arrangements.

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Decision:  The mark would need to be an obstruction before Rule 20 could apply (i.e. "An object that a boat could not pass without changing course substantially, if she were sailing towards it and one of her hull lengths from it.": Oooops was not sailing towards the object; if she held her course she would easily miss it. Therefore the object is not an obstruction to her!)   Oooops loses her mark-room rights under 18.2(c) if she passes head to wind. Therefore, Oooops is not entitled to tack unless she can do so without breaking rule 13 or 18.3. 

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Case #34
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