Hi, Jay:

Good to hear from you! And you are quite right! The relevant Rule is #17:

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.
          

The key phrase in this scenario is Proper Course which I can refresh you on:

Proper Course A course a boat would sail to finish as soon as possible in the absence of the other boats referred to in the rule using the term. A boat has no proper course before her starting signal. 
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Now that rule 17.2 is no longer with us, Windward is allowed to sail below her Proper Course as she pleases, always keeping in mind that she must keep clear of any leeward boat which has right of way under rule 11. Thus, in your diagram, Windward is allowed to sail below her Proper Course. However, once you became overlapped to leeward, rule 15 very briefly applied, i.e. you had to give Windward room to keep clear before the situation came down to Rule 11 (windward boat keep clear). So when W bore down on you, you were entitled to hold your course (unless there was danger of a collision that would cause damage - Rule 14) and protest Windward under rule 11. Even if W does not bear away at all but you are converging from leeward while sailing Proper Course, W must keep clear of L - see Case 50 of my Rules Quiz.

Well, Jay! This was fun! Don't let 'em do it to you again!!! Your skipper owes you a beer, by the way!!! Best wishes for successful  and enjoyable sailing,

Uncle Al (W3854)

PS: My curiosity is aroused. Where do you sail? I sail mostly in the Toronto area in Canada.

----- Original Message ----- 
From: Jay Wadsworth 
To: 'Al Schonborn' 
Sent: Tuesday, May 15, 2001 4:31 PM

I sail in the only place worth sailing, :)...San Francisco Bay...nothing like a steady 28 knots gusting to 35 on a sunny day!  Thanks for the ruling, e-mailing skipper right now.

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Case #62
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If you have any Rules questions or scenarios that you'd like me to clarify,
I'd love to hear them and add them to this quiz!
Just contact Uncle Al at uncle-al3854@cogeco.ca