Boat A is the leeward boat and Boat B is the windward boat. sailing to the finish line. Boat A pushes the Boat B all the way to the lay line of pin end side of finish before gybing at pin end side of finish. once gybed, Boat B become leeward and Boat A become windward. at finish line as soon as Boat A gave enough room for Boat B to enter the Finish, Boat A turned head downwind. Now. Boat A claims that Boat B was given enough room to enter the finish as that was the proper course. Boat B claims that Boat A fouled by bearing down...
A (Yellow) overlapped outside B (Blue) when the first of them reached the zone was required to to give B mark-room (rule 18.2(b)), but not room to sail her proper course (rule 18.2(c)).
When boats gybed, A was still required to give B mark-room, but in addition, was overlapped on the same tack to windward, and required to keep clear of B (rule 11).
A gave B mark-room, then bore away causing B to bear away to avoid contact. A did not keep clear of B. A broke rule 11. B broke no rules.l
On valid protest, penalise A.
I'd also say that at position 2 in John's diagram Blue is entitled to come down and sail to the mark if she desires.
In the first diagram, at position 2, Blue is entitled to mark room. Having mark room means that Blue is entitled to sail to the mark if that is her proper course. However, she must still keep clear of Yellow as per rule 11 and can protest Yellow if Yellow prevents her from sailing to the mark. That being said, if Blue breaks rule 11 while she is sailing within the room she is entitled to, rule 21 exonerates her and rule 14(b) exonerates her if there is contact with no damage or injury.
Until she leaves the finishing line clear astern, she is still racing and can be penalised for breaking rule 11.
After Y leaves the finishing line clear astern, and before B does A may be interfering with a boat racing breaking rule 24.1 and penalised, but as diagrammed B takes avoiding action @4 and is probably not interfered with by Y thereafter.
Does the second diagram show approximately what happened?
If so: as diagrammed, after the first of the boats gybed, proper course is not a relevant consideration to either boat.
In the diagram B, entitled to mark-room (rule 18.2(b)) and having right of way boat (rule 11) is entitled to luff Y away from the finishing line until she reaches a position where her proper course (to finish soonest) is to gybe towards the finishing line, at which point she must gybe (rule 18.4), and allow Y to bear away and if necessary gybe.
Agree that after gybe Yellow is windward and bound by RRS 11. ON THE SAME TACK, OVERLAPPED
A protest committee hearing is limited to the particular "incident" alleged in a protest (see rule 62.1(b). Although A or B may have broken other rules prior to reaching the mark they are not the incident alleged in A or B's protest. The test of whether two occurrences were one or two incidents is whether the second occurrence was the inevitable result of the first. It does not appear that the occurrence at the finish mark was an inevitable result of a a possible rule 17 breach before the gybe.
Gathering facts about possible rules breaches not related to the incident alleged in a protest hearing can unnecessarily extend the hearing. It might be worth discussing amongst the protest committee members before the parties enter. But only gather evidence from the parties if the two occurrences appear to be related.
If B wishes to protest A for a breach of rule 17 then she would need to file a second protest, and must inform B that two protests will be lodged.
Check the Validity of the Protest or Request for Redress. (M3.1, 63.5, Case 19, 22)