You guys got me to reading my OFFICIAL 2005-2008 US Sailing Rules of Sailboat Racing ....
So lets back-up this scenerio a little bit and look at:
Sec A/Rule 11: Same Tack/Overlapped- When boats are on the same tack and overlapped, a windward boatshall KEEP CLEAR of the LEEWARD boat.
vs
SecB/Rule17.1: Same Tack, Proper course- If a boat from clear astern becomes overlapped with-in two boatlengths to LEEWARD of a boat on the same tack she shall not sail above her Proper Course while they remain OVERLAPPED ....
So it is important how the overlap was established intitially .... your scenerio leads me to believe that the overlap was established by the windward boat ... correct???
Therefore:
1)The leeward boat is allowed to "Pinch-up/luff" slowly giving the windward boat opportunity to keep clear and the windward boat is reguired to keep clear ...
2)You must do this far enough before the finish line so as the rules for Marks/Obstruction DO NOT come into effect.
3) if the OVERLAP was intitially established by the leeward boat, the leeward boat is obligated to sail their PROPER COURSE to the next mark (unless the overlap was broken at some point by getting CLEAR AHEAD of the windward boat) ie: the leeward boat can not "scrap/peal" the windward boat off by using the mark and pinching-up since it can be demonstrated that the windward boat was sailing her PROPER COURSE to the next mark.
This is my interpitation of the rules for this scenerio ... I am VERY interested if I have analyzed this situation correctly
The real point here is that you may have waited to long to do what you needed to do ....
Sailing is like CHESS ... you need to be thinking several moves ahead ....
Personally, I try to "keep clear" at all Marks/Obstructions because the "Rights" change under the rules so quickly ... I usually hail other boats early and state what I believe the applicable rules/rights are ... Ex: Just before the two boat length circle: You have established NO inside overlap ...I will not leave room !!!!! (You have no rights, so don't be sticking your bow in there)
Sail Flat, Sail Fast, Sail Safe
Harry Murphey
TheMightyHobie18/#9458, Fleet54/Div11
P19MX/#86, CRAC