47. Facts found: On a light-air dead run, Tiller Instinct came up from clear astern to establish an overlap about a boatlength and a half to leeward of Bubble Bath. Both boats were on starboard tack.
	Tiller Instinct continued to go slightly faster than Bubble Bath but did not pull clear ahead - possibly because he was getting some disturbed air from Bubble Bath.
	While the boats were still overlapped and a length and a half apart, Tiller Instinct cut up across Bubble Bath’s bow, clearing BB by about half a boatlength. Bubble Bath did not alter course. Bubble Bath lodged a valid protest. Tiller Instinct did not do penalty turns.

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Decision: Tiller Instinct became overlapped on Bubble Bath from clear astern within two of her hull lengths from Bubble Bath. Tiller Instinct was therefore bound by rule 17.1 to not sail above her proper course while the boats remained overlapped and less than 2 lengths apart. At the time that TI luffed up to cross BB's bow, TI was still overlapped with and less than 2 lengths from BB. She was thus bound not to sail above her proper course. By luffing up above her proper course, TI has broken rule 17.1 and is DSQ.
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Note that TI is allowed to sail above her proper course under rule 17.1 - but only if by doing so, she herself promptly falls astern of the windward boat. This exception does not apply in this case where it was the windward boat that ended up falling astern.

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Case #48
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