CALL UMP 45        

Rule 17 On the Same tack; Proper Course
Definitions Proper Course

Question 1
Shortly after rounding the windward mark, Yellow establishes a leeward overlap on Blue from clear astern. The conditions are such that the boats would normally set a spinnaker to finish as soon as possible. Yellow does not set a spinnaker and sails a course that is a proper course for a boat with a headsail, but above a proper course for a boat with a spinnaker. Blue luffs and keeps clear. There is a Y-flag. What should the call be?

Answer1
Display the green and white flag. When Yellow establishes a leeward overlap at position 2 she is subject to rule 17 and shall not sail above her proper course. However, there is no requirement for her to sail with a spinnaker. Her proper course is determined by the course she would sail, in the absence of Blue, to finish as soon as possible with the sails she is using at that time. Yellow is not sailing above her proper course and does not break rule 17.

Question 2
Would the answer be different if Yellow had an outstanding penalty?

Answer 2
No.