Question
A and X, close-hauled on starboard tack, approach the port-tack layline near the
windward mark. The mark is to be left to starboard. Both boats sail beyond the
layline, and are clearly over-standing the mark. Instead of tacking for the mark,
X maintains her position on starboard tack, thereby preventing A from tacking.
X keeps clear of A. A protests. What should the call be?

Answer
In position 1, X is clearly on a beat to windward. In position 2, X is clearly
beyond the layline, but because her proper course is to tack, she is still on a beat
to windward. Therefore, rule 17.2, as modified by D1.1(a), does not apply to
her. No penalty. (Note that once she tacks, she is no longer on a beat to
windward — see Call D9.)