Wait. What?  There is going to be a case which interprets "or" as meaning "and" in the Racing Rules of Sailing?

That will get interesting really fast.

The terms "Clear Astern and Clear Ahead " always apply to boats on the same tack. They apply to boats on
opposite tacks only when rule 18 applies between them or  and when both boats are sailing more than ninety degrees from the true wind.

18.2 (d) If a boat obtained an inside overlap from clear astern or and by tacking to windward of the other boat and, from the time the overlap began, the outside boat has been unable to give mark-room, rules 18.2(a) and 18.2(c) do not apply between them

Rule 19 applies between two boats at an obstruction except when rule 18 applies between them and (a) the obstruction is the mark, or and (b) the obstruction is another boat overlapped with each of them.

A better case result is to find that the rules made an error and publish a correction.

Thanks Paul ... that sounds like a lot of headache. Makes filtering out the daily spam-posts look like a walk in the park. 

Kim .. I'm with you (and made the same point in a previous thread) .. in that this is a risky maneuver for Yellow especially in fleet racing.  Being risky means that Yellow should spend an extra second or 2 to make sure that she sees her clear path and/or ability for others to react.  

I actually did this maneuver 2 Wed's ago on a fleet of 26 J/105's .. 15g20kts.  It was a downwind start out-n-back course from Annapolis Harbor.  I got stuck on the outside and behind at the leeward rounding and had to tack away asap .. I had a nice gap and tacked to starboard (forcing a competitor to likewise tack).   That said, had there been boats closer coming under spin I would have waited as port-boats under spin might be sent to the wrong side of the mark and broadsides with others. 

Highly situational and IMO deserves an extra bit of caution and calculation by Yellow. 

PS: At the same time .. there was a T-bone at that mark between 2 105's .. both sustained sig-damage and are out for repairs. 

If a skipper or crew place their hands, arms, or feet, legs in the water and this action causes the boat to slow down, I believe it breaks 42.1, "a boat shall compete by using only the wind and water to increase, maintain or decrease her speed". Body parts in the water have no exception to decrease speed in 42.3.

I have never given or heard of a Rule 42 penalty given for body parts used to slow a boat. Repeatedly moving the helm is an effective brake.

Phil, How do you conclude that W was not required to act to avoid contact until it became clear that L was not keeping clear?

L was the right of way boat.  She was not  required to keep clear.

W was not entitled to room.