I've been looking for that all day. I thought there was a more descriptive rule about luffing rights, and was pretty sure that if L can luff hard enough (while keeping clear and not passing head to wind), and W has to tack to keep clear, L didn't foul. I couldn't find it in the cases or appeals, either.
You can't find it in the rules, cases, or appeals because it doesn't exist. "Luffing rights" is a term that, like "mast abeam" has been obsolete for over 15 years.
But, at least we're moving away from the mark room defense here?
I don't know - are you?
Mike, surely with your background in match race umpiring you must be well aware that one boat can sometimes control another -- even if the other boat has right-of-way. A boat behind and to weather, or a boat overlapped to windward can prevent the other boat from tacking. That is a fundamental part of pre-start maneuvering in match racing (and this is one instance where the match racing and fleet racing rules coincide).
As said several times already, this is about rule 13. Mark-room has nothing to do with it. Mark-room imposes no special obligation to tack, nor gives any special exemptions from the obligations of rule 13.
Read rule 18.1(a), 18.2(b), 18.2(c), the definition of mark-room, and rules 11, 12, and 13 again. Then take another look at ISAF Case 15. You'll see that the windward boat can prevent the leeward boat's tack because of rule 13. It doesn't matter if L has right-of-way due to rule 12 or rule 11. If the boats were overlapped, the outcome would be unchanged. You should also see that rule 18 and mark-room have no bearing on the matter. It doesn't matter which boat owes the other one mark-room (or indeed, if neither one does). It's simply the case that L cannot pass head-to-wind and keep clear of W as required by rule 13.
You're reading more into "mark-room" than exists in the rules.
Regards,
Eric
