I know where the incident occured in relation to the gate. Go back to my post on the previous page, with slo-mo and freeze-frame, I see this as when they got to the gate, black was not inside red (was not between red and the mark).

Looking upwind from the mark boat: If red were coming in from the right side of the left gate mark (and black were coming from the left, as in the video), then I can see black being inside. But, because they are both to the left of the left gate mark, I don't think black can be called inside. Is there a case or other citation to clarify this?

Either way, with a 3-length zone, I think red broke the overlap before her hull came into the zone.

To me, with the video evidence, 16.1 doesn't apply, as red was on port tack when contact occurred, therefore W/L, RRS 11. Obviously, this happened immediately before contact was made, and without the video, it may have been tough to prove this, so I could see 16.1 being used.

As for the discussion about PU showing poor form, I'm not so sure. True, it's not a winning move in traffic (she only has rights on windward port boats, and will be give-way to all starboard boats), but there's a decent chance that the left gate mark was favored to offset a right-favored course (PRO in me). In that case, the best move is to round the favored mark, tack and head to the favored side of the course.

There could have been a variety of other factors as well (buried to leeward of another boat after rounding, forced by traffic at the gate to the left mark when he wanted to be on the right side of the course, etc.).

Mike