PART 2
A boat on her own can sail any inefficient course she chooses. When rule 17 or some other rule using the term Proper Course applies because another boat is near, there can a range of courses that could be taken, and a boat may be limited to the one which is most likely to result in the soonest possible finish. This does not have to be proved by events. ‘Which of two different courses is the faster one…cannot be determined in advance and is not necessarily proven by one boat or the other reaching the next mark ahead1 were other options, if there was a good reason at the time for selecting it.
’. It will be a proper course, if there
A proper course as determined at any particular spot is not affected by the course previously sailed by a boat, even though it may not have been fully efficient until the issue arises. It is gauged solely from the point where it is relevant under a rule. So it is possible that a proper course for a boat below the layline to fetch a course mark or a finishing mark may be above close-hauled2
.
. A proper course is the course made good over the ground, not the
direction in which a boat is pointing, so a straight-line course made good to a mark may be a proper course for a boat even if, because of the current, she never points at it3
When L and W are on the same leg heading for the same mark, L may have a number of course options at any particular moment. If L’s overlap began from clear astern within two hull lengths, L must not sail to windward of the most windward one that can be shown to be her proper course. If the protest committee accepts this, it makes no difference if W believes that own proper course was lower. All W can do is to keep clear and protest if L was subject to rule 17. If W were not to keep clear because she believed that L’s proper course was lower, and she (W) did not respond to L sailing higher, L might be penalised in a subsequent protest for sailing above a proper course when required not to, but W would also be penalised under rule 11 for not keeping clear, as she chose to infringe and was not compelled to do so.
If rule 17 applies to L’s overlap when L and W are sailing a downwind leg without spinnakers, but when L would finish more quickly if she bore away to a lower course and set her spinnaker, does the rule require L to do so? No, says WS 134. ‘There is no requirement in the racing rules for a boat to hoist her spinnaker at any particular time or for her to finish as soon as possible. There could be a variety of reasons, including tactical considerations, why a boat would not use a spinnaker. Therefore, even though L stated that in the absence of W she would have hoisted her spinnaker and sailed a lower course, L broke no rule by continuing to sail with her headsail instead of her spinnaker.’
The situation is clearer when L and W are sailing on different legs of the course, and W finds herself conducted far to windward of where she wants to be. She may have to fall back, or tack and gybe to resume her intended course. L may in the process be interfering with a boat on a different leg, which is prohibited by rule 24.2, but the rule itself makes an exception when L is sailing a proper course.
A boat can be sailing a proper course one moment, and then sailing above a proper course the next, without any change of course. When rule 17 applies to the situation in fig 2 because Yellow’s overlap was begun from clear astern, ‘Yellow must bear away to gybe at the time she would have borne away to gybe to finish as quickly as possible, had Blue not been there. If she clearly delays beyond this time she breaks rule 17 by sailing above her proper course4
.’ Yellow therefore goes from compliance with rule 17 to breach of it in a short period, and without changing course.
A proper course for L is explicitly one she would sail from that point in the absence of W, which is the only ‘other boat referred to in the rule using the term’. (There may however be other boats nearby whose course and speed will affect what is a proper course for L.)
Breaking Rule 17 Without Changing Course
1
2
fig 2
1 WS 14 2 RYA 1975/6, US 70 3 As stated in a former US case that applied to the now-withdrawn rule 17.2 rather than to current rule 17 4 MR call G4
RYA The Racing Rules Explained 59
Direction of Leeward mark
Layline
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