Tacking too close (the lee-bow)

The situation

Red, on port, tacks onto starboard close ahead and to leeward of Green, who is on starboard. As Red passes head to wind and settles, Green has to change course to avoid her.

The question

Red says she's now the starboard-tack boat with right of way. Is she right?

The ruling

No — Red breaks rule 13. From the moment she passes head to wind until she is on a close-hauled course, Red must keep clear of Green; she does not get starboard-tack rights the instant she crosses head to wind. Because Green had to take avoiding action in that window, Red is penalized. Even once fully tacked, rule 15 would require her to give Green room to keep clear.