Question
On a windward leg, in steady breeze, in the middle of the course and away
from other boats, A on port tack bears away to gybe in order to take a
penalty. X, also on port tack but on a track to leeward of A, immediately
tacks to starboard, and as a result is on a collision course with A. In
order to avoid X, A is forced to interrupt taking her penalty to avoid
X, and protests. What should the call be?
Answer
No penalty. The ‘except when sailing a proper course’ phrase
in rule 23.2 permits X to interfere with A, provided X does not break
rule 16.1. She has a choice of proper courses and may therefore choose
one that will maximise her interference with A. Sailing on either tack
can be a proper course.