For me the red course is fine, the boat is closehaulled.

I agree with Michael. In po5 the green course is footing off to close on the mark.

I also agree with the red course. It is lower than pinched to an abnormally slow speed such as to pinch around (as opposed to shooting temporarily at head to wind) a mark, but not as low as some boats sail to maximise VMG. It is also lower than can be achieved when rounding up in a gust using the additional apparent wind of the turn as the boat momentarily sails higher than it otherwise can.

To answer the question posed in the heading, once it has reached position 4 the boat has gone from head to wind and has got to a close hauled course and so regains the rights that RRS 13 limited. She has regained the normal rights of a starboard tack boat at position 4. in normal parlance she has completed her tack. In position 5 she still has those rights having acquired them at postion 4, even if she only held the close hauled course for an instant. Her sails don't have to have been sheeted in, she doesn't have to actually sail on the close hauled course, she just have to have tacked all the way from head to wind to an instant of having her keel aligned with the close hauled course she could sail if so inclined. The fact that she passes through that close hauled course to a lower course to build speed, or for some other tactical or strategic advantage or through an error in technique or misjudgement does not matter, She no longer has to keep clear under RRS13 after having reached,even only momentarily, position 4.

If one is strictly reading the rule, definition, the diagram and declaration that this boat can sail the red course, I consider it inescapable that this boat has not met the requirement of sailing as close to the wind as possible with flat sails.
While there is no obligation to do so, if this competitor wants to establish full compliance with RRS13, only bringing the bow up to red and trimming on would meet all of the Close Hauled requirements.
The competitor is then free to put the bow down, ease sails and go fast.

The course that is closest to the wind, where the sails are filled and the vessel is making headway would be considered the close hauled course.

Catalan,

What everybody else said, but I'd add that "close-hauled" is based upon the individual boat's characteristics .. an Opti's CH course is diff than an Penguin, which is diff than a Farr 30 which is diff than a log-canoe or a catameran.

So, I think to really answer the question, we'd have to ask of you ....

"At which position is the boat's course the same as the course she would be making (in the current conditions) when on her optimum beat to windward once up to speed"?

.. that is close-hauled and which can vary widely based upon the boat.

Ang

PS .. or simply asked .. "could the boat actually hold and sail the red track?" if yes .. then that's likely close-hauled.

Thanks all of you very very much !!!!!

Acquiring a close hauled coarse/position does not require sails to be filled.

John,
If the wind is directly from the top of the page, then the red course attained at position 4 in my boat is close hauled in every possible definition. I could sail far and fast in my boat without changing. When we tack I usually first steer to a course wide by ten degrees and harden up as the sails are trimmed in. But I never sail wider than 45 true and in winds above 10 kts sail to 40 true wind.

However I was going by drawing which shows a 45 true course with filled sails at position 4.

Generally if the sails are filled, or should be filled then they are on close haul.
for example, a Tornado Catamaran can sail upwind at 30 degrees to true wind direction, but it's slow, we normally sail at 50 to 55 degrees, which gives the best VMG.
My guide for Tornados is when the self tacking jib fills, as the main is generally still released and is only hauled in once the boat is moving forward.

For my 10c:

If the mainsail will fill when sheeted to the centerline then the boat has reached closehauled
If were not sure of that then the boat is still tacking.

I'm not an umpire, but it would be interesting to hear how they apply the rule. IMO, Rule 13 "turns off" when a boat reaches a "pinching" c/h heading (Position 4, above), whether or not her sails are sheeted at the time or if she turms past a "pinching heading" onto a lower course for tactical or performance reasons.

I note that we are discussing a level of precision that is unlikely to be reached in a hearing that relies on oral testimony.