CASE 46

Rule 16.1, Changing Course
Rule 17.1, On the Same Tack; Proper Course
Definitions, Proper Course

A leeward boat is entitled to sail up to her proper course, even when she has established a leeward overlap from clear astern.

Summary of the Facts
For some time, W had been sailing almost dead downwind on a straight course toward the starboard end of the finishing line, when L overlapped her to leeward from astern. In the absence of W, L would have sailed a higher course directly towards the line. In order to do so, she hailed W to come up. There was no response. L hailed again and luffed, but W still did not respond. L stopped luffing and there was no contact. L protested under rule 17.2.

The protest committee held that there was insufficient evidence to show that W would have finished sooner by sailing a higher course. Even though there might be conflict between the courses of a windward and a leeward boat, it said, a boat overtaking another from clear astern did not have the right to force a windward boat to sail above her proper course. The protest was dismissed and L appealed, claiming the right to luff up to her proper course under rule 17.1.

Decision
Rule 11 says that, when two boats on the same tack are overlapped the windward boat shall keep clear. A leeward boat’s actions, however, are limited by rules 16.1 and 17.1. There was room for W to keep clear when L luffed, and so L did not break rule 16.1. The protest committee, although it did not say so explicitly, recognized that L’s proper course was directly toward the finishing line. A direct course to the line was not only closer but would also have put both boats on a faster point of sailing. While L was not entitled to sail above her proper course, she was entitled to sail up to it, even when she has established the overlap from clear astern. Accordingly, she did not exceed the limitation to which rule 17.1 subjected her.

W, whether or not sailing a proper course, was obligated to keep clear of L, which she failed to do, by preventing L from luffing up to her proper course. L’s appeal is upheld. She is reinstated and W is disqualified for breaking rule 11.

USSA 1979/224