I'll explain how avoiding contact works, both practically and under the rules.

When two boats meet, and let's say it is a starboard/port situation, there is a last possible moment when each boat may act to avoid contact. I'll call them TS (time starboard must act) and TP (time port must act). The two times are not necessarily the same -- in fact, they are usually different times. It is entirely possible that TS is earlier than TP.

At time TS, the starboard tack boat (S) has a "genuine and reasonable apprehension of collision", and may take avoiding action. The port boat (P) then breaks rule 10. See ISAF Case 50. When I'm the starboard boat in this situation, I wait until the last possible moment when I can insure there will be no contact and act then. I believe that is good practice and encourage others to do the same. In the scenario in question, that might be time 0:33.

That is not, however, what the rules require. RRS 14(a) states "a right-of-way boat ... need not act to avoid contact until it is clear that the other boat is not keeping clear". Even though it's a good idea to act at time TS, boat S is not required to act until time TP. At time TP, it may well be too late for S to be able to keep clear. Even if there is contact, and even if that contact causes damage or injury, boat S does not break rule 14.

I refer again to ISAF Case 26, which states "A right-of-way boat need not act to avoid a collision until it is clear that the other boat is not keeping clear. However, if the right-of-way boat could then have avoided the collision and the collision resulted in damage, she must be penalized for breaking rule 14". Again, when "it is clear that the other boat is not keeping clear" means time TP -- that is when boat S must act.

And I also refer again to ISAF Case 27, which states "A boat is not required to anticipate that another boat will break a rule". Boat S is not required to act at time TS (when she could anticipate that P will break rule 10).

And, I refer once more to ISAF Case 87, which states "a right-of-way boat need not act to avoid contact until it is clear that the other
boat is not keeping clear". S may wait until P actually fails to keep clear - which is at time TP.

Which brings us back to the video in question. Could boat H7(S) have avoided contact by changing course at time 0:33 (when she had a "genuine and reasonable apprehension of collision" - i.e. time TS)? Yes. Did rule 14 require her to? No. She was not obligated to act until boat M87(P) actually was unable to avoid contact (when it became "clear she is not keeping clear" - i.e. time TP), which was about time 0:35-36 in the video. By then, unfortunately, H7(S) was not reasonably able to avoid contact. Therefore, H7(S) did not break rule 14.

Although not absolutely required, I recommend sailors act at time TS and avoid contact (and possible damage/injury), not to wait until time TP like boat H7 did.

I hope that helps,
Eric