IMO... S's obligation to give room to keep clear comes in the last few seconds... when in this case he dramatically altered course to avoid a collision. What could port EVER SAY in this circumstance.... IMO, His only argument would be... I was clear... the change in course was unnecessary. He would need more evidence to support the claim he was clear and S's change was unnecessary.
What am I missing?
Not the last few seconds....
Given the angles involved, how long would it take P to tack and then be in a position to claim their rights as now being the leeward boat ?
As I said above we are talking a few 100m when it is windy.
How long does it take to tack a cat ? 8 seconds, how far will a boat travel in that time ? If P was to pinch to avoid them, how long would it then take to change that into a bear off or tack. It is not the last few seconds where S's burden comes in, it is a long way before that. Remember that P only has to react to what S does as a result of the Gust (and then the required bear off). You could argue that P has atleast one second to react, one second to put the helm over and then some time to actually get out of the way. IMO when on STBD, I usually think I am committed within about 10 seconds of the Port boat.
Lots of people get into trouble pushing it too far when on Stb.
