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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.
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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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