The entire title would be "Rule 17 since the 2009 rule change; it seems that off the wind the windward boat in all circumstances can sail below her proper course as long as she keeps clear of the leeward boat."
This is from an actual situation, but I am curious about the larger ramifications.
Current rule for 2013 through 2016
17 ON THE SAME TACK; PROPER COURSE If a boat clear astern becomes overlapped within two of her hull lengths to leeward of a boat on the same tack, she shall not sail above her proper course while they remain on the same tack and overlapped within that distance, unless in doing so she promptly sails astern of the other boat. This rule does not apply if the overlap begins while the windward boat is required by rule 13 to keep clear.
Rule 17.2 is long gone, since 2009. Here is something I found in a blog from early 2009. Before 2009 rule 17 included 17.1 and 17.2.
"Racing Rules of Sailing 2009-2012.
Rule 17 will change: 17.1 is now just 17 and 17.2 is deleted:
17 ON THE SAME TACK; PROPER COURSE
17.1 If a boat clear astern becomes overlapped within two of her hull lengths to leeward of a boat on the same tack, she shall not sail above her proper course while they remain on the same tack and overlapped within that distance, unless in doing so she promptly sails astern of the other boat. This rule does not apply if the overlap begins while the windward boat is required by rule 13 to keep clear.
17.2 Except on a beat to windward, while a boat is less than two of her hull lengths from a leeward boat or a boat clear astern steering a course to leeward of her, she shall not sail below her proper course unless she gybes.
Rule 17.2 has been always a very difficult rule and hardly ever used. The fact that a windward boat will try to cover a leeward boat is used in close sailing like team- or match racing and a legitimate 'tactical' way to stop or slow down an opponent. The leeward boat has enough 'power' as a row boat to assert itself on the game."
So what I want to ask is...
In a club race my buddy and I are closing in on the leeward mark to be rounded to port. We are about 50 feet from the mark. We are on starboard jibe and I am leeward boat without luffing rights. There are only a couple of inches between the hulls when I suddenly notice that he has been sailing below the course that would take us around the mark. Luckily we are standing next to each other so we can discuss the issue.
(As it turns out, I guess I am lost in 2008, since I thought he could not sail below his proper course in this situation and with more misunderstandings on my part. So, sadly the whole thing went badly. And I am writing this because I still do not understand it. )
What can I do? I can tell him I am going to head up. Great, but if we were not standing close to each other I could not discuss it with him.
Dave Perry says that the windward boat in this situation breaks no rule as long as she keeps clear. What does that mean to the 2 of us? What does it mean if we are very close aboard or she will not head up when it is requested or if no communication is possible and my only option is to just head up and make immediate contact, which it seems would be frowned upon or illegal?
Thank you.
Scott