44. Facts found: In a 15-knot breeze, Jibberish (windward) and Ditch Dervish (leeward) were sailing side by side all down the run of a buoys-to-port course.  About 4-5 lengths from the leeward mark, the two boats were still overlapped on port tack as shown on the left). At this point, Jibberish reminded Ditch Dervish that she had an overlap and would need mark-room.

When she was about four boatlengths from the mark, DD caught a wave and surfed ahead as shown at left. DD informed that the overlap had been broken 3½ lengths from the mark, but Jibberish claimed that DD's bow had already reached the Zone when the overlap was broken. There were no witnesses and the protest committee was not able to determine exactly where the overlap was broken. Our best estimate is that this happened when DD's bow was just about three lengths from the mark. Jibberish caught up on the next wave and there was slight side-to-side contact as Jibberish squeezed inside DD at the mark. Jibberish passed within half a metre of the mark. Each boat lodged a valid protest.

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Ruling: Rule 18.2(d) applies in this case, since there was considerable doubt that Ditch Dervish broke the overlap in time to cancel Jibberish's right to mark-room. DD was therefore obliged to give mark-room to Jibberish. Ditch Dervish did not give such room and is therefore disqualified.

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Case #45
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