Situation
At a windward mark to be left to port, Yellow passes head to wind in the zone and is now fetching the mark on starboard tack. Blue then tacks to a leeward overlap on Yellow. Blue then bears away. There is immediate contact between them, without damage or injury. There is a protest that identifies the contact as the incident.

 

Question 1
What rules have applied during this situation?

Answer 1
Until Yellow passed head to wind, rules 12 and 18.2(a)(2).
When Yellow passed head to wind until she was on a close-hauled course, rule 13. While Blue is on port, rule 10 applies.
When Blue passed head to wind until she is on a close-hauled course, rule 13 applies.
From the moment Blue passed head to wind rule the first sentence of 18.3 states that no 18.2 rule applies, therefore only the applicable Part 2 section A and B rules apply.

Question 2
How should the protest committee decide the protest?

Answer 2
If the diagram was endorsed by the protest committee and the facts found that there was immediate contact, then Yellow failed to keep clear at position 5. In this case, Yellow was not keeping clear prior to Blue changing course, therefore Blue did not break rule 16.1.