I don't see 16.1 giving a capsizing boat a pass there is nothing that says an overtaking boat must keep clear by a defined distance. IMO, if that situation goes to the room the windward boat would get tossed for failing to keep clear. It's not difficult to figure out that passing a sloop with a spin is filled with risk especially as the breeze comes up. If you choose to roll the dice (regardless of what you think of the tactics) it's on the windward boat and they have chosen their fate.
Dave, in the specific instance under discsussion I respectfully disagree (See - a Subordinate can be respectful to his President).
The Leeward boat luffed up in this case - changing course.
16.1 When a right-of-way boat changes course, she shall give the other
boat room to keep clear.
Now, if the spin boat was overtaking, cut it close, got a puff, flipped and their mast hit the leeward boat then that would be a different matter. Rules 11 and 15 apply in that situation.
11 ON THE SAME TACK, OVERLAPPED
When boats are on the same tack and overlapped, a windward boat
shall keep clear of a leeward boat.
15 ACQUIRING RIGHT OF WAY
When a boat acquires right of way, she shall initially give the other
boat room to keep clear, unless she acquires right of way because of
the other boat’s actions.
In the case of a spin boat overtaking, the leeward non-spin boat acquired right of way because of the other boats action and is not required to give room -
unless they alter course - e.g. luffing up(I think)
Chris.
