So. my interpretation.. .. if you come in on starbord... Nobody on port makes the hole... you bail and head up and protest. I think the outer most port boat will take the penalty and not the inner most port boat.
Same as now; IMO, the difference is now that you, being on STBD, are expected to bail out and protest, whereas before, you EXPECTED to get water and so would pile in, and if there were collisions with other boats and/or the mark, you, the stbd boat would EXPECT to be exonnerated.
The rule now puts the burden on the stbd boat to decide they will not be given water, to then bail out and then protest.
IMO, it has been worded in this way to reduce pileups and increase protests as the stbd boat has to go to the room to get justice whereas in the past the stbd boat would just go for a gap that was not really there and expect it to appear!
I can see there being some nasty protests with raft-ups in light wind....
