50. Facts found:  Organ Donor and Pacifier were sailing converging courses on port tack down the run in a 10-knot breeze. As indicated in the diagram at left, Pacifier became overlapped from clear astern about a boatlength and a half to leeward of Organ Donor

The boats continued to converge as Pacifier held his course. Organ Donor asked Pacifier to stop luffing. Pacifier did not change course and Organ Donor finally luffed up to keep clear, and lodged a valid protest.

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Decision:  Rule 17 required Pacifier to sail no higher than her proper course since he became overlapped  to leeward of Organ Donor from clear astern and within two of his hull lengths of Organ Donor. However, Pacifier's proper course here was not necessarily no higher than the windward boat’s course!!! Since Pacifier was sailing the same course that he had been sailing since gybing to port about 300 metres earlier, this was - in the opinion of this committee - his proper course. As windward boat, Organ Donor was required by rule 11 to keep clear and he did so. There was no foul and Organ Donor's protest is therefore disallowed.

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Case #52
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