Hearing Decision

Procedural

1. Considerations under RRS 63.3 (e): Ben Fels was a competitor in the race, Julia Mackinnon and John Philpot were RC. The PC considered the views of the parties (no issues), the level of the conflict, the level of the event, the importance to each party of the case, and the overall perception of fairness and decided the conflicts, if any, were insignificant.


2. C28 failed to deliver the request for redress within the protest time limit], as required by RRS 61.2(b)(1). as modified by SI 15.2
   
   However, there was good reason for the PC to extend the time limit.


3. During the hearing the protest committee clarified in accordance with RRS 63.2(c) that the hearing request was only a request for redress and proceeded with it accordingly.


4. C28 was represented by Harry Mighell.


5. It was determined that b385 had retired for breaking RRS 10 and 14.

Incident facts.

1. 14-18 knots moderate sea state


2. b385 on port sailing close hauled on port was approaching C28 close hauled on starboard on a converging course.


3. At approximately 5 seconds before contact, when it became clear that b385 was not keeping clear C28 luffed hard to avoid contact. 


4. B385s bow made contact with the bowsprit of C28 breaking it and the mast.


5. b385 retired and stood by to render assistance with the SSCBC rescue boats and BYS rescue boat.


6. Southern Peninsula Rescue service were on patrol / training and attended, but were not required. 


7. There were no injuries.

Conclusions

1. b385 on port tack failed to keep clear of C28 on starboard tack, and broke RRS 10.


2. b385 did not avoid contact with C28 even though it was reasonably possible, and broke RRS 14(a).


3. Since b385 caused serious damage by her breach, her penalty was to retire as required by RRS 44.1(b).


4. It was not reasonably possible for C28 the right-of-way boat to avoid contact with b385 when it became clear that b385 was not keeping clear. C28 did not break RRS 14(a).


5. C28's score in race 1 was made significantly worse through no fault of her own by physical damage because of the action of b385 that was breaking RRS 10 and 14 and took an appropriate penalty. Therefore, the requirements for redress in RRS 61.4(b)(2)are met.

1. 
   

   Redress is given to C28. C28 is to be scored in race 1 points equal to the average, rounded to the nearest tenth of a point (0.05 to be rounded upward), of her points in all races in the series, except race 1. No other boat’s score shall change.

   
   


2. Furthermore, C28 is permitted to change equipment in the series and sail the boat C27  in substitute, and with C27s performance handicap changing her entry as such.