Agreed, also, if the port boats do not give room and the stbd boat bails out, IMO they have a VERY strong position in the protest room. As they WOULD have gone for it if there was room; by bailing out they state there was NOT room.
Going to be difficult for a port boat to argue there was room when the stbd boat(s) bail out!
It's a very clever change; once people fully understand the implications