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Submission Type: E

1. Your registered Boat Name: Spirillen

2. Race Day: 3

3. Group: Red

4. Race : 3

5. Time (in Replay): 13:54

6. Rule(s) applicable: 18.2c

7. Skipper(s) involved: JohnPap

8. Description: Entering the zone clear ahead of Johnpap, so Johnpap shall give me mark room. I have a boat just ahead of me, that I shall give mark room to, so not taking more mark room than need.
As I bear down to round the mark, Johnpap goes between the mark and me. My prober course was to gybe at the mark, so gybe the mark. Would have gotten ahead of Johnpap, but he changes course, so I get a pen. Johnpap even writes that he changed course, see attached screenshot.

9. Print Screen attached: N/A

10. Replay attached: Yes

Sounds strange but i my replay saws things a bit different (Soren would be interesting to have a look on it).
In My replay Spirillen enters the zone clear ahead from me... At the mark spirillen bears away to round the mark leaving more the 1 boat length gap from the mark....
At 13:50 of the replay spirillen is sailing on a downwind course.... and almost 4 seconds later he gybes on to port in front of me getting a RRS 10 penalty which he asks to cancel.
At 13:50 of the replay when spirillen is sailing on a downwind course he was be given mark-room, according to the definition, and as per RRS 18.2(d), at that moment, rules 18.2(b) and 18.2(c) ceases to apply.
I would like to add that also the Pen 10 looks strange as there is no contact on my screen and replay as i made it to change course on time before contact for not giving that pen.

Facts:
Approaching the mark zone, Spirillen is clear ahead of JohnPap, therefore JP has to give mark room to Spirillen. Spirillen then gybe to round mark and doing so is sailing proper course. JP dived down the inside and Spirillen gets incorrect RRS10.

Decision:
Spirillen explanation of pen cancel : ACCEPTED.
JohnPap : DSQ for breaking rrs18.2.c.2

PC for MLS