34A. Facts Found: Sharp as a Tack was approaching a buoys-to-port windward mark as shown on the right. He crossed ahead of Polka Dot Com coming in on port and immediately tacked. This tack was completed according to the requirements of Rule 13, i.e. SaaT did not foul PDC during her tack.
	After SaaT completed her tack, PDC was going faster than SaaT and bore away, establishing an overlap to leeward. PDC then tried to squeeze SaaT out at the mark. SaaT called for mark-room but PDC refused, citing Rule 18.3. There was a slight side-to-side bump as SaaT just barely squeezed past the mark. Both boats lodged valid protests.

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Decision: Rule 18 began to apply at the moment Sharp as a Tack completed her tack, as the boats were close-hauled on the same tack and about to round or pass the mark. Rule 18.3, cited by Polka Dot Com, did not apply, since 18.3 only applies if the non-tacking boat is fetching the mark, i.e. able to round without tacking. 

Rule 18.2(b) did not apply since the boats, being on opposite tacks upwind, could not be said to be overlapped as they entered the Zone. 

However, as soon as SaaT completed her tack Rule 18.2(a) began to apply. Under 18.2(a), PDC was required to give mark-room to SaaT. She did not do this and is DSQ. Both boats broke Rule 14 by colliding but since there was no damage, neither boat is penalized for this infraction.

Case 35
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