Here are 2 conclusions from a Part 2 protest hearing write-up I found in the Past Events.
1. XXX on port tack failed to keep clear of YYY on starboard tack, and broke RRS 10.
2. After passing head to wind and before being on a close-hauled course, XXX failed to keep clear of YYY. XXX broke RRS 13.
The question is simple.
Can rule 10 breach and rule 13 breach ever be listed together in the same incident? Or are they mutually exclusive?
At position 2 Blue has passed through head to wind. Yellow is overlapped with Blue and cannot change course in both directions without immediately making contact with Blue. Rule 13?
It's all connected up and using either the US Sailing 'inevitable result' (US Appeal 65) or the RYA 'causal link' (RYA Appeal 2003/3) test, it is the same incident, and can be dealt with in the same protest hearing.
This is one 'coming together' of two boats, and multiple rules are broken as the incident evolves 10, then 13 and even 15 once close hauled - but just incident and just one penalty.
John
Red, on starboard tack, and Blue, on port tack, were beating to windward. As they converged (1), Red bore away below Blue to avoid a collision ((1)-(2)).
While Red was still bearing away, Blue tacked. A collision occurred while Blue was tacking (2). There was no damage or injury. At the time Blue tacked, Red was to leeward of Blue.
Red hailed “Protest!” immediately after the collision (3). Blue took a Two-Turns Penalty.
The protest committee concluded that Blue had broken rule 10 in one incident and rules 13 (While Tacking) and 14 in another. The protest committee disqualified Blue because she had taken only one Two-Turns Penalty. Blue appealed.
Appeals Committee Decision:
“The test of whether two occurrences were one or two incidents is whether the second occurrence was the inevitable result of the first. Times, distances, the actions of each boat and the prevailing conditions are all relevant to this test; the number of rules that may have been broken is not.”
“Blue’s tack to starboard and the resulting contact were not the inevitable result of her breaking rule 10, because she could have continued on port tack. Therefore, the appeals committee concludes that the boats were involved in two separate incidents.”
“Rule 61.1(a) refers to ‘an incident.’ A boat intending to protest another boat for two incidents during a race, no matter how close in time, must inform the protested boat that she intends to protest twice. Because Red hailed “Protest” without indicating that two protests would be made, there was only one valid protest. After the incidents, Blue took one Two-Turns Penalty. Since there is nothing in the facts found to suggest otherwise, the appeals committee assumes that Blue exonerated herself from the breach in the incident that was the subject of the valid protest.
Blue’s appeal is upheld. The decision of the protest committee is reversed, and Blue is reinstated in her finishing place.
The responses have touched upon a few key points. (Ironically, not yet the point I had in mind when posing the question. But that's my fault. I will explain later, perhaps.)
Anyway, to summarise what's been covered thus far:
Interestingly, US Appeal 65 concluded that Flying Scot 112's, (Blue in Clark's diagram) tack was NOT an 'inevitable result' of the Rule 10 breach. Thus, the two rule breaches were separate incidents, and a conclusion of both rules broken in the same decision was not valid.
(However, I accept that the times, distances, the actions of each boat and the prevailing conditions vary case-by-case, and thus, Mark's scenario may well lead to two rules broken in the same incident.)
I think there is clarity and agreement on those points in general. That's good.
An interesting point not yet covered in this discussion:
A single Scoring Penalty.
See RRS 44.1 Taking a Penalty
A boat may take a Two-Turns Penalty when she may have
broken one or more rules of Part 2 in an incident while racing.
She may take a One-Turn Penalty when she may have broken
rule 31. Alternatively, the notice of race or sailing instructions
may specify the use of the Scoring Penalty or some other
penalty, in which case the specified penalty shall replace the
One-Turn and the Two-Turns Penalty.
Yes, that's it. Pretty clear, right. Could even bold the words 'in an incident'.
Anything else?