As said, you can always bid. There is nothing in the Laws saying you can't make any legal call at any time.
Sure, there's a Law that says that if you make a call that is demonstrably suggested by UI from partner, and there is an Alternative call that is Logical, the Director will adjust the score to that which would happen had you taken the Logical Alternative, but that's not the same thing.
Sure, there's a Law that says you must "carefully avoid" using UI from partner, but again, that's not the same thing.
Is 2
♣ obvious enough that you are "carefully avoiding" the information that partner wanted to do something other than pass? I'm not sure. I certainly wouldn't be arguing violation of L73 if someone did. It's a L16 situation, but like back in the "70% action" days, I don't think that players at the table need try to work out if L16 will apply. I think that if they follow L73 honestly, and the director rules it back, they can accept that in good faith and go on.
(Conversely, of course, I think that if people "bid what they 'always would have'" (it isn't) and 'if the opponents have a problem, and the director thinks it's wrong, it'll get ruled back, oh well. better than conceding a bad score in advance' (it's their responsibility, not mine, to apply 'careful')", I'm going to be unHappy, even if it turns out that there is no LA in this case. How do I know that that happens? Usually from bar conversations, not at the table. But still.)
Remember also that AI from "40-4-8" means that unless South opened a hand eligible for 2
♣ (but bad for whatever reason), partner is booked for 7-8 points minimum. The UI protection of "yeah, it's probably a 12, 13 that doesn't have a call" - is that enough to swing it?
I'd also want to know the class of West, as well as East. Is West the kind of inexperienced that would have to work out that they have to pass a good 15 without a heart stopper - or one who really wants to double with any 13, but has been told by East/another partner that you can't do that, but not yet what to do? My problem is that this is a common enough auction that most people have their "yeah, have to pass this even though I really don't want to" training - frequently from not doing it and getting the director called, or from not doing it and having partner explain "I would have X, but your hesitation made it difficult to do anything that isn't obvious. You really have to know to pass these 'points, but nothing to bid' hands automatically, and let your partner do their thing." And newer players - that would tank-pass here - are also those who don't really understand consciously what the tank-pass means. (Of course, they're also the type who would pass out this auction, not realizing that partner probably has 10-ish of the best (or better) and no call from simple "count to 40" math.) So it's likely that the more experienced N-S will call the director on this auction, the director will poll and get "I'm not strong enough" passes, and rule Law 16 into "but it's obvious to balance, I have a good suit, partner has cards, I know where everything is, and they're certainly making 1
♥, even with a dummy full of blanks". And that will require a fair bit of explanation to keep the novice happy and coming back.
When I go to sea, don't fear for me, Fear For The Storm -- Birdie and the Swansong (tSCoSI)