The current rule has led to an unintended consequence: the willingness of port tackers to abandon the onus of the rule.
I knew you would say that. However, breaking rules is not OK, and there are ways to deal with that. Having one-sided rules will make the game less enjoyable.
I know, a broken boat isn't enjoyable either, but there's only so much a rule book can protect you. The rest is best done by culture (protest, pep talk behind woodshed, etc.).
Mike