Facts:
Boats A and B were on a beat to windward and well outside the zones of the marks that began, bounded or ended the leg of the course on which they were sailing. Boat B was involved in an incident with boat C, a third boat not shown in the diagram. Immediately after the incident with C, when B was at position 1, all boats, other than A, that were racing were either further up the windward leg than B or were far enough away from B that they could not have interfered with B if she took a Two-Turns Penalty.

At position 1, B bore off to begin to make the turns required for a Two-Turns Penalty. Between positions 2 and 3, A tacked onto a close-hauled starboard-tack course. At position 4, when A completed her tack, B was on a collision course with A. Between positions 4 and 5, as shown in the diagram, B luffed and then resumed bearing off. After position 5, B turned clockwise until she had completed a gybe, and (not shown in the diagram) she continued her clockwise turn until she had made a tack, a second gybe and a second tack.

Question 1
Did B break any rule?

Answer 1
No.
From position 1, when B began to bear way, through position 6, rule 21.2 required B to keep clear of A. Between positions 1 and 4 and after position 5, B kept clear of A while bearing away. Between positions 4 and 5, while the boats were on collision courses, B kept clear of A by luffing. Therefore, B complied with rule 21.2.

Question 2
Did B satisfy the conditions stated in rule 44.2 for a Two-Turns Penalty?

Answer 2 
Yes. Rule 44.2 requires a boat that takes a Two-Turns Penalty to satisfy two conditions. First she must get ‘well clear of other boats as soon after the incident as possible’. B satisfied that requirement at position 1 because 

The second condition was that she ‘promptly’ make two turns in the same direction, each turn including one tack and one gybe. Between positions 4 and 5, while B was making her turns, she interrupted her turns for just long enough to enable her to keep clear of A as she was required to do by rule 21.2. Immediately after she kept clear of A, B resumed her penalty turns. Therefore, B made her penalty turns ‘promptly’ and, by doing so, she satisfied rule 44.2’s second condition.

Question 3
Did A break any rule?

Answer 3
The answer depends on whether or not A was sailing her proper course when B needed to luff to avoid colliding with A.

From positions 1 through 6, B was taking a penalty and, therefore, A was the right-of-way boat under rule 21.2. No rule in Section A applied between them (see the preamble to Section D).

While B was taking her penalty, A ‘interfered’ with B as evidenced by B’s need to luff to avoid colliding with A after position 4. If A was sailing her proper course, then rule 23.2 did not apply between A and B. B was required by rule 21.2 to keep clear of A, and B did so by luffing. When A changed course from close-hauled on port tack to close-hauled on starboard tack, she was a right-of-way boat changing course and, therefore, required by rule 16.1 to give B room to keep clear. A gave B that room, so A broke no rule.
If A was not sailing her proper course, then rule 23.2 applied between A and B, and, because A interfered with B, A broke rule 23.2.

World Sailing, 2023