First of all, in the diagram shown it does not appear that either boat has the capacity to make the mark without tacking.

The windward boat may manage to pinch around the mark with luck... but judging by the angle, it's more than likely that neither boat will lay. (If these were lasers the angles would be more believable)

If this is the case, and if I were the leeward boat, the first thing that I would do is try to pinch the windward boat off. Because it is very likely that neither one of us would lay the windward mark, I'd hope that by forcing the windward boat to tack (to avoid backwinding/making contact) I would not only allow myself more clear air but also (more importantly) have created a hole in which I could make a doubletack and lay the mark as well.

The biggest tactical advantage to this approach is in controlling the situation. If both boats have to tack to lay the mark, then why not use my rights as the leeward boat to control when the windward boat makes their tack. Once they tack, I can too... in fact, if things work out really well, then I may even be able to position myself (on port tack) to windward and on their hip, and prevent them from tacking (because they cannot "tack too close") until I do (obviously, it isn't legal to take them past proper course)

As long as my maneuver (tacking to lay the mark, then tacking back) did not interefere in any way with the red boat/force them to alter course to avoid collision (once they're on starboard again), or even just alter course at all, then I would be in the clear.

Anyway.


The point is: there are many approaches that can be taken, and as many rules can apply as the sailors involved want to argue about. It's probably more likely that the leeward boat would get rolled and have to eat shitty air before tacking to make the layline anyway.

The question posed was a very interesting one, and although, perhaps, my analysis (which I think makes sense given my knowledge of the rules, but may also appear questionable seeing as I have not directly quoted the rule book) may seem troublesome in a catamaran... it would work very well in dinghies.

Just to clarify... avoiding contact; It is just as illegal to negate the aversion of boat on boat contact as it is to be the fouling port tacker/windward barger... etc. etc.