Hearing Decision

Notices Hearings Q & A Penalty Declarations Crew/Equipment Change

Event: Sorrento Sailing Couta Boat Club

Race Number: 1 KPMG

Protesting Boat: C41

Protested Boat: C82

Submitted Date/time: 05 Jan 2026 13:50

Hearing Details: Start Line Collision

Procedural Matters

Protests boat vs boat C41 v C82, C82 v C41 and Race Committee vs boat held concurrently

Peter Hannah was a crew on C28 which competed in the event. The Parties agreed to his participation on the PC.

PC extended The 30 minute Protest Time Limit (SI 15.2, RRS 60.3(b)) in respect of the Protest by C82, and it was declared valid

Observers were permitted in the room, subject to the usual restrictions.

Robert Wilson attended remotely.

The OA provided video evidence which was viewed by the parties and assisted in setting the context. Oral testimony of the witnesses formed the basis for the findings of fact. Four ‘screen shots’ from the videos were examined in the hearing and are kept on the PC file.

Facts Found

· Wind 12 kts, sea flat.

· Incident occurred between the preparatory and staring signals.

· C41 on starboard tack sailing down the starting line approximately 10 boat lengths below the line. Sailing slowly with sails luffing.

· C82 and C70 on starboard tack 4 to 5 boat lengths behind C41 with C82 overlapped to windward of C70, separation about 2 metres. Both sailing faster than C41.

· C70 was steering to pass to leeward of C41.

· C82 also steering to pass to leeward of C41.

· C82 was hailing C70 for room to pass to leeward of C41.

· C70 did not make any significant changes of course.

· C82 had the ability and space to pass above C41 when it was clear there was no room for her to pass to leeward but she continued to attempt to pass to leeward of C41.

· C70 approached C41 with the hull of C82 not more than 2m to windward and jib sheets fully eased with C82 slightly advanced on C70.

· There was insufficient room for C82 to pass between C41 and C70

· By the time it was clear that C82 was not going to pass to leeward of her boom it was not possible for C41 to trim her main sail or take avoiding action.

· It was reasonably possible for C70 to bear away sufficiently to allow room for C82 to pass between her and C41

· C82’s jibboom sailed into the ‘V’ between the stern and the boom of C41, breaking the boom of C41.

· C 41’s port quarter made contact with C82’s starboard bow.

· C41 hailed protest and flew a protest flag.

· C41 retired from the race with serious physical damage.

· C82 and C70 continued and finished the race.

· Neither boat took a penalty.

· No boat sought redress.

Conclusion

· While C70 and C82 were overtaking C41 both were required to keep clear of C41 ahead (RRS 12)

· C70 was right of way boat (RRS 11) approaching C41 which was an obstruction to her and C82. (RRS: Definitions)

· C70 had the right to choose which side of C41 to pass (RRS: 19.2 (a))

· C70 chose to pass to leeward of C41 but did not give C82, a windward boat, sufficient room to pass the same side of the obstruction. C70 broke RRS 19.2 (b)

· It was reasonably possible for C70 to not cause contact between C82 and C41 and C70 broke RRS 14 (b).

· It was reasonably possible for C82 to avoid contact by passing to windward of C41 when it was clear that C70 was not giving her room but C82 failed to do so and broke RRS 12 and 14.

· It was not reasonably possible for C41 to avoid contact when it was clear that C82 was not keeping clear. C41 did not break RRS 14.

Rule(s) applicable

11, 12, 14(a), 14(b), 19.2

Decision

C82 is DSQ; C70 is DSQ

Jury Members

Peter Hannah NJ, Tim Dorning NJ, NU, Jack Lewis