Good news.... Common sense leads you to the proper answer (as well as a careful reading of the rules)

Boat's ahead of you have the right to protect their position. That's the game we play period. If you attempt a pass by going for their wind... you have to keep clear... Snuffing the chute (because you must to stay upright) is just part of the passing boat's move.

Mind you... the probability of this working is small.
So... figure out the timing of the dive move... or plan to set up high for a clear passing lane.