How would you decide this?

Dave Perry’s 100 Best Racing Rules Quizzes highlights specific aspects of the racing rules in a fun format designed to help you become more familiar with The Racing Rules of Sailing. Here is one of the quizzes:

Quiz 57
Five seconds before the start of the race, Boats S and P converge close to the starting line. P luffs and passes head to wind in front of S. Before P comes to a close-hauled course, S luffs in order to avoid a collision and, by doing so, crosses the starting line to the course side of the line.

At the starting signal, both boats are clearly on the course side of the starting line. S hails “Protest” and displays a red flag. P bears off around the starting mark, returns completely to the pre-start side of the starting line, and then crosses it. S sails the course without returning to the pre-start side of the starting line.

The race committee scores S OCS (“Did not start; on the course side of the starting line at her starting signal and failed to start, or broke rule 30.1 (I Flag Rule)”). After the race P retires in acknowledgement of her breach of rule 13, While Tacking. S protests P, claiming she was forced over the starting line be- cause of P’s breach of rule 13.

The protest committee finds that P broke rule 13, but does not penalize her because she has already taken a penalty. It then decides S is exonerated by rule 43.1(a), Exoneration, because she has been compelled to break rule 28.1, Sailing the Course, by P’s breach, and reinstates her in her finishing place. P appeals the protest committee’s decision. You are on the protest committee; how would you decide this? Answer below.

Quiz 57 answer
P’s appeal is upheld. S was not “compelled” to break rule 28.1, Sailing the Course. Rule 28.1 requires S to “start,” i.e., cross the starting line after the starting signal as stated in the definition Start, and permits her to comply with the rule at any time before she finishes. Though it was unfortunate that S was forced onto the course side of the starting line before the starting signal because of P’s breach of rule 13, While Tacking, S was not breaking a rule at that time.

However, S broke rule 28.1 when she finished without first returning to the pre-start side of the starting line and starting. As P did not prevent S from returning to the pre-start side of the starting line and starting, S was not “compelled” to break rule 28.1 as the term is used in rule 43.1(a), Exoneration. Because S did not start as required by rule 28.1 and is not exonerated (freed from penalty) for that breach, she is to be scored OCS. (See US Sailing Appeal 101 and World Sailing Case 140.)