Assume that in a hearing there are facts found to support the conclusion that Boat A intentionally broke RRS 23.1 to better her position in a series.
Q: Can a boat be found to have broken RRS 2 and be penalized for it, while breaking RRS 23.1? (let's please ignore the RRS 69 route for this discussion).
RRS 2 uses "compete" and RRS 23.1 uses "racing". How do those 2 terms relate to each other?
In team racing, an umpire, can penalise, without a flag unsporting conduct
If we see a boat finish, then remain on the line sails flapping to slow another boat we penalise it.
This seems very similar.
Penalize it for 23.1 or both 23.1 and 2? A boat which breaks 23.1 is no longer racing.
This is a bit of a nit but isn’t the boat that you’re penalizing still racing as she has not cleared the finish line?
I agree, we can penalize for RRS 2.
I’m trying to think of a circumstance where I’ve penalized a boat while not racing for a breach of Parts 1-4.
Perhaps in an event where boats are rotated between teams and a team has been found to do something to the boat they are about to rotate out of that would make it difficult for the next team?
When she abandons the attempt to sail the course, she may be considered to have retired, and if she then manoeuvres in the racing area against another boat, she breaks rule 23.1 for interfering, when not racing, with a boat that is racing. As she has omitted a mark in order to get to and harry the other boat, she is not sailing a proper course, and as she and the other boat are on different legs of the course, she also breaks rule 23.2. A deliberate breach of rule 23.2 is a clear violation of good sportsmanship and fair play, which breaks rule 2.
"Compete" is not in the definitions, so it has the meaning it usually has in everyday usage. For example, according to the Oxford Dictionary:
strive to gain or win something by defeating or establishing superiority over others.
• be able to rival another or others
• take part in a contest.
For me it's the more general term. Two boats compete for the same title. This starts even before both are registered for the event. If, for example, one boat were to successfully prevent the other from registering a valid entry, that would still fall under RRS 2 for me, even if ultimately only one of the boats participates in the competition.
"Racing" on the other hand is a clearly defined time period within a competition.
I think this is the nub of his OP question.
In answer, I'd say that a boat that intentionally interferes with another boat in breach of RRS 23.1 to better her position in a series is acting so as to better her position in the competition and is thus competing. Her actions affect the fairness of the competition: that's what gets it out if RRS 69 into RRS 2 territory.