Hearing Decision

Protest committee of one person chaired by umpire who observed incident.

Agreed with protestee that there were no unacceptable conflicts of interest (the umpire has previously sailed with witness Howard Critchley.)

1.  Conditions were 15-20 knots of wind, moderate sea state with strong ebb tide setting boats on to mark 3.

2.  C1999 touched the mark then continued to sheet on to a windward course.

3.  After being protested by C2013, C1999 did a part turn penalty (a gybe as modified by Sl 13)

4.  The elapsed time before C1999 commenced her part penalty turn was between 30 seconds from coming on a close hauled course and 2 minutes after the incident.

5.  There was no impediment to C1999 bearing away after touching the mark and promptly commencing a penalty turn to leeward of the fleet.

1.  C1999 touched mark 3 and broke RRS 31.

2.  By delaying her part turn penalty by at least 30 seconds after becoming close hauled, C1999 failed to comply with the requirements of RRS 44.2.