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Suppose three spinnaker boats were sailing downwind at a common catamaran gybing angle (45 degrees or so) all three on starboard not overlapped but each one slightly inside of the other and about a boat length behind. The lead boat gybes onto port with no warning and the second boat crash gybes with the upper half of his crew dangling upside down in the water. The third boat had no room to gybe so headed up sharply resulting in a capsize (mast very nearly missed the second boat's hull). It is my understanding that the third boat can only protest the second boat and although the second boat took the only option available to him, would be found at fault UNLESS he protested the first boat.

I was the third boat and although I did protest the second boat, I realized that he didn't protest the first boat and I choose not to follow through in the room because I wouldn't be able to get to the person that started the calamity. The second boat and myself did have a lengthy friendly discussion afterwards though.

It is important to protest if you have been fouled.


Rule 60.1(a) says:
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A boat may protest another boat, but not for an alleged breach of a rule of Part 2 unless she was involved in or saw the incident
so you may protest any boat that breaks a right-of-way rule on the water as long as you were involved, or witnessed it.

Rule 60.3(a)2 says:
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A protest committee may protest a boat... if during the hearing of a valid protest it learns that the boat, although not a party to the hearing, was involved in the incident and may have broken a rule
so even if you didn't protest the first boat, the protest committe could (and should) bring all boats involved into the hearing.

Rule 63.6 says:
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The protest committee shall take the evidence of the parties to the hearing and of their witnesses and other evidence it considers necessary... The committee shall then find the facts and base its decision on them
so the protest committee should determine everything that happened between all the boats involved.

Rule 64.1(a) says:
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When the protest committee decides that a boat that is a party to a protest hearing has broken a rule, it shall disqualify her unless some other penalty applies. A penalty shall be imposed whether or not the applicable rule was mentioned in the protest
so the protest committee should determine all the rules that were broken by any/all the boats involved and penalize them accordingly. Note that only "parties" can be penalized, so it's important that the protestor or protest committee protest everyone who might have broken a rule. It is certainly possible that everyone involved could be penalized.

Rule 64.1(b) says:
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When as a consequence of breaking a rule a boat has compelled another boat to break a rule, rule 64.1(a) does not apply to the other boat and she shall be exonerated
so if you are forced to break a rule because someone else broke a rule, then you won't be penalized.

Therefore, in the scenerio mentioned, calling the boats L(eeward), M(iddle), and W(indward): W gybed onto port tack, forcing M to take avoiding action (crash gybe) - and broke rule 10 (On Opposite Tacks). M (now on port tack) forced L to take avoiding action (heading up) - and also broke rule 10. Because M was compelled to break rule 10 as a result of W's illegal action, however, she is exonerated.

Now, if W sailed on, the protest committee must disqualify her. If W did a penalty turn(s), then the PC needs to determine if she caused injury, significant damage, or gained a significant advantage. The scenerio didn't mention injury or damage, but given that L capsized and was probably left far behind, she most likely gained a significant advantage. If so, then her penalty shall be to retire.

I hope that helps,
Eric