A third incident, shown in the last diagram (below), involved Beth and Carl, who were rounding a leeward mark to port. There was moderate current flowing in the same direction as the wind. At the zone, Beth was clear ahead of Carl. Due to the current, at Position 2 a gap opened between Beth and the mark. Carl, thinking he could sneak through that gap, established an inside overlap on Beth and immediately luffed sharply to closehauled. Beth hailed “You have no rights in there!” and she luffed almost to head to wind. At Position 3, when Beth luffed above closehauled, there was contact between the boats. The contact resulted in neither damage nor injury. Beth hailed “Protest” to Carl, and Carl took a Two-Turns Penalty.

Carl was clear astern when Beth entered the zone, and so he was required to keep clear of her (Rule 12) and to give her mark-room (Rule 18.2(b)’s second sentence). When Carl established an inside overlap on Beth, he become obligated by Rule 11 to keep clear of Beth, and he was still required to give her mark-room (Rule 18.2(c)). When Beth began to luff between Positions 2 and 3, she was “at the mark” and therefore entitled to room to sail her proper course. Her proper course was to luff to a closehauled course, but she luffed higher and, as a result, made contact with Carl. When Beth luffed above closehauled, she had right of way, but she was subject to two of the limitation rules in Section B. She was required under Rule 14 to avoid contact with Carl “if reasonably possible” and under Rule 16.1 to give Carl “room to keep clear.” Beth broke both these rules. She is not penalized for breaking Rule 14 (see Rule 14(b)), but she is disqualified for breaking Rule 16.1, because her rapid luff above closehauled while Carl was very close to the mark did not give Carl room to keep clear. Beth is not exonerated under Rule 18.5 for breaking Rule 16.1 because, when she continued to turn above closehauled, she was no longer “taking mark-room to which she was entitled.” Carl failed to keep clear as required by Rule 11, but he is exonerated under Rule 64.1(c) because Beth’s luff above closehauled, which broke Rule 16.1, compelled Carl to break Rule 11.