Team Race - CALL J 08    

Rule 17 Proper course

Question
Approaching a leeward mark to be left to port, A establishes a leeward overlap on X from clear astern before X enters the zone. A then gybes onto port and, while still overlapped, gybes back onto starboard.
A does not round the mark but continues on starboard, thereby sailing above a proper course.
X makes a valid protest. What should the call be?

Answer
No penalty.
When A first establishes the overlap, she is subject to rule 17 and may not sail above a proper course. Once A gybes, rule 17 no longer applies as the boats are on opposite tacks.
When A returns to starboard tack – rule 17 does not apply because once rule 17 has been switched off it never gets switched back on again during the same overlap.
A is entitled to sail above her proper course.