Can a skipper of a boat decide for themselves that they are exonerated under rule 43, and take no penalty, and then not protest the vessel that caused them to break a rule
Boat 1 at a mark enters the zone on stb, then tacks onto port, before tacking back onto stb to round a port handed mark, and as such loses entitlement to mark room (d) Rules 18.2(b) and (c) cease to apply if the boat entitled to mark-room passes head to wind or leaves the zone
Boat 2 enters the zone on stb, and having better speed than boat 1, boat 2 overlaps boat 1 to leeward, and is entitled to mark room.
At the mark there is no room for boat 2, who hits boat 1 and the mark together.
Boat 2 continues to sail the course without taking a penalty or protesting boat 1. Claiming that they are exonerated under rule 43.1 (b) When a boat is sailing within the room or mark-room to which she is entitled and, as a consequence of an incident with a boat required to give her that room or mark-room, she breaks a rule of Section A of Part 2, rule 15, 16, or 31, she is exonerated for her breach.
Boat 1 does not take a penalty, and continues to sail the course, and there is no protest between the 2 boats.