I belive we go back to the last point of certanty, when we can see who was give way.
That is usually blue before she bore off or gybed. 
She is definitely at risk. 

Matt,
The penalty in match racing is not a One or Two Turn penalty (see RRS C7.2).
The point of my comment on MR Call N6 is that the attempt to define a tack was irrelevant to deciding whether Yellow had taken her penalty correctly. RRS C7.2 requires a boat to pass head to wind and then bear away at the first reasonable opportunity to a course that is more than 90° to the wind.  Reaching a close-hauled course is incidental, and has no relevance for the penalty.

Which will convince me better that you were anxious.

"I hailed Starboard. They ignored me. I hailed louder again shouting you need to tack too. They ignored me. I altered course"

"I wasn't sure if they saw me and I was anxious so I altered course"

Can you expand on this?

John, I am glad that the WASZP rules are working in practice.  I think that the wingfoils will go a different direction, with little or no limitations, at least in part because they are always in the standing position.  I think that should be up to the fleet decide and adopt in their class rules so we shall see as the class matures.