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.
CASE 46 
