Hi, Paul:

Glad you're enjoying the site. Thanks for sending in your situation - I just love working on the challenge of a Rules problem! I think the Committee would rule as you have indicated but in the situation that you describe, the leeward boat does not even have to sail proper course. If we accept the situation you have presented as facts found (which is not always easy to get the Protest Committee to do, once the other boat tells her story!), here's how I would break the situation down:

Who has right-of-way?
Pacifier. (At the start of the situation, Rule 11 applies. 
(11 On the Same Tack, Overlapped: When boats are on the same tack and overlapped, a windward boat shall keep clear of a leeward boat.)
Pacifier is leeward boat and has right-of-way under Rule 11 because she and Organ Donor are overlapped 
(Clear Astern and Clear Ahead; Overlap:  One boat is clear astern of another when her hull and equipment in normal position are behind a line abeam from the aftermost point of the other boat's hull and equipment in normal position. The other boat is clear ahead. They overlap when neither is clear astern or when a boat between them overlaps both. These terms do not apply to boats on opposite tacks unless rule 18 applies.)
Note that there is no distance limitation in the overlap definition quoted above, e.g. boats half a mile apart can be overlapped.

Which of the limiting Rules of Part 2, Section B apply to the right-of-way boat?
Rule 14, Avoiding Contact always applies to both boats.
Rule 15: Acquiring Right of Way: When a boat acquires right of way, she shall initially give the other boat room to keep clear, unless she acquires right of way because of the other boat's actions. 
Pacifier acquired right-of-way some time ago. Thus, Rule 15 does not apply.
Rule 16: Changing Course
                16.1 When a right-of-way boat changes course, she shall give the other boat room to keep clear.
                16.2 In addition, when after the starting signal boats are about to cross or are crossing each other 
                on opposite tacks, and the port-tack boat is keeping clear of the starboard-tack boat, the 
                starboard-tack boat shall not change course if as a result the port-tack boat would immediately need 
                to change course to continue keeping clear.
A right-of-way boat always has to keep her obligations under Rule 16.1 in mind whenever she is near another boat. However, Pacifier was three lengths away from Organ Donor in moderate winds, when she changed course. Thus P was complying with the requirements of 16.1 insofar as she was giving OD ample room to keep clear.
(Room: The space a boat needs in the existing conditions while manoeuvering promptly in a seamanlike way.) 
(Keep Clear: One boat keeps clear of another if the other can sail her course with no need to take avoiding action and, when the boats are overlapped on the same tack if the leeward boat can change course in both directions without immediately making contact with the windward boat.)
Note: This Rule only limits actual changes in the right-of-way boat's course. If the boats are converging but the right-of-way boat is holding her course, 16 does not apply and that's tough luck for the other boat who must keep clear of r-o-w.
Rule 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 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.
17.1 does not apply to Pacifier since she became overlapped with OD while (at least) three of her hull lengths to leeward of OD.
17.2 applies to Organ Donor once Pacifier comes to within two of OD's hull lengths of P.

So, to sum up, the right-of-way boat, Pacifier, is limited by 

• the Rule 14 requirement to avoid contact: if contact becomes imminent, she must protest instead of hitting the windward boat
• Rule 16.1 Changing Course

What does all this mean? 
Pacifier was entitled to luff up where she did and was well within her rights to hold that course while expecting OD to keep clear. Subsequent course changes - as she gets closer and closer to OD - become iffier and iffier since OD may well be justified in claiming that later course changes (with the boats closer together), have left her with no room to keep clear (i.e no opportunity to adjust to the course change without fouling P)

By the way, I notice that you have leeward (Pacifier) saying she is not "luffing". I should point out that there is no longer a luffing rule and that the rules I mentioned above are basically what covers the whole situation as indicated.

Think I'll post this as Case 64 if you don't mind! You probably understood a lot of this already but I thought it might be a good case in which to demonstrate the routine that one might go through in many a protest involving right-of-way. Best regards and good sailing,

Uncle Al (W3854)