4. And finally remember if you purposely try to pass a boat to weather on the same tack, he has every right to luff you to head to wind even if it causes you to capsize. It's your choice to risk passing to windward and getting luffed is part of the game.
Your points are excellent and well made, thank you. I do have a concern with point 4 though. While you are generally correct, your luffing maneuver must abide by RRS 16.1 "when a right-of-way boat changes course, she shall give the other boat room to keep clear". "Room" is defined as "the space a boat needs in the existing conditions while manoeuvring promptly in a seamanlike way." Capsizing is not seamanlike. If you round up so hard that the windward boat has to capsize in order to keep clear, then you are likely to get disqualified for breaking rule 16.1.
Regards,
Eric
If you CHOOSE (and that is a key word) to attempt to pass/overtake a boat to windward (that you are on the same leg with) than you are subject to being luffed. If you capsize in the luffing maneuver, you will have a very hard time proving that the leeward boat luffed you in an unseamanlike manner especially if the helmsman of the leeward boat hails you before the luff begins and turns his boat into you at a fast but steady rate. The onus is on you and usually you will lose in a protest hearing. If you choose to pass to windward, be ready for the consequences.
I basically agree here, but if a boat below is planning to luff
hard it is worth making this clear to the approaching boat if possible - "Room" for the approaching boat might mean time for the helm to pass the crew the tiller and then move forward and trip the Spi Halyard !
Passing to windward with the kite up is only for the very brave !