Protests by jury on the water

Originally posted by Quagers

I have often been asked whether the judges out on the water, charged with policing rule 42, will protest other infringements. The following is a quote froma policy document posted at several international regattas this year:
"Sailing
is essentially a self-policing sport. The Jury
expect that boats will take a penalty promptly when appropriate. The
primary responsibility for protesting breaches of the rules is with
the competitors, not the jury.
However, in addition to taking action in accordance with Appendix P,
the jury
may lodge protests in accordance with RRS 60.3.

The
jury
will not usually
protest
for a breach of a rule of Part 2 or rule 31 unless they observe an
apparent breach of good sportsmanship (RRS 2). Examples of such
breaches are:

- deliberate
breach of the rules without taking a penalty and gaining an
advantage.

- failing
to take a penalty after knowingly touching a mark with no
justification for exoneration.

- intimidating
other boats – often evidenced by unnecessary shouting or foul
language.

- team
tactics – sailing to benefit another boat to the detriment of your
own position.

- reckless
sailing – sailing that results in or is likely to result in damage
or injury."
In a gap in racing, a raft of Judges discussed whether this list needed modifying. One suggestion was made:

When a Jury clearly observes contact between two boats and neither a protest is lodged or a penalty taken the the Jury may protest both boats. During the hearing it can then be decided which boat broke a rule.
The logic behind this suggestion is that if there is contact between boats a rule has been broken (rule 14 and probably another rule). The Basic Principle that governs our sport states "A fundamental principle of sportsmanship is that when competitors break a rule they will promptly take a penalty, which may be to retire."
If, after contact, no action (protest or penalty) then this fundamental principle of sportsmanship has been broken.
I would be interested to read your thoughts on this suggestion.

Gordon