Y enters the zone of a port hand windward mark clear ahead of B. Both boats are on starboard tack. X approaches on port tack and tacks in the zone to leeward of Y and clear ahead of B. When B establishes an overlap to leeward of X, X is then unable to give mark-room to B because of the presence of Y. B makes contact with X and the mark. B protests. What should the call be?

Penalize X and B.

Y on starboard reaches the zone clear ahead of B and B must give her mark-room under rule 18.2(b). When X passes head to wind from port to starboard tack in the zone she is then fetching the mark. B and Y have been on starboard tack since entering the zone, so rule 18.3 applies (and not rule 18.2) between X and Y and between X and B. When B becomes overlapped inside X, X is required to give B mark-room and to keep clear of her. X does neither and breaks rules 11 and 18.3.

When overlapped inside X, B is sailing within the mark-room to which she is entitled. However, when B touches the mark, she breaks rule 31 and is not exonerated under rule 21(b) as she is not compelled to touch it. At position 3, when it becomes clear that X is not giving mark-room, B is still able to avoid the mark in a seamanlike way by passing it on the wrong side.

The situation is the same except that after position 3 B bears away and passes the mark on the wrong side. What should the call be?

Penalize X only.

As in Question 1, rule 18.3 applies between X and B. When B becomes overlapped inside X, she is entitled to mark-room which X fails to give, breaking rule 18.3. B breaks no rule.