Hearing Decision

1. During the hearing the protest committee clarified in accordance with RRS 63.2(c) that the hearing request was not only a protest but also a request for redress and proceeded with it accordingly.


2. Camilla and Ben sailed in Div 1, informed the parties, considered the matters in RRS 63.3 (d), discussed the conflict and the parties consented and the PC decided the conflict of interest was insignificant.


3. At the time of the incident, it was obvious to C22 that serious damage resulted.


4. C22 failed to deliver the protest within the protest time limit, as required by RRS 60.3(b)(1). However, there was good reason for the PC to extend the time limit.

1. 15 knots on a beat to windward.


2. C2008 on port a converging course with C22 on Starboard.


3. C22 hailed starboard 5 times.


4. C2008 had a spotter to leeward.


5. 10 Seconds prior to the collision, the spotter said they were fine.


6. 5 seconds before the contact the spotter said they needed to bear away.


7. C22 Luffed to avoid contact.


8. C2008 attempted to bear away.


9. The initial contact was between 2008s bowsprit and the stern of C22.


10. The collision damaged the stern, rudder and traveller of C22 and the whisker stay on C2008.


11. C2008 took a penalty by retiring.

1. C2008 on port tack failed to keep clear of C22 on starboard tack, and broke RRS 10.


2. C2008 did not avoid contact with C22 even though it was reasonably possible, and broke RRS 14(a).


3. Since C2008 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 C22 the right-of-way boat to avoid contact with C2008 when it became clear that C2008 was not keeping clear. C22 did not break RRS 14(a).


5. C22’s score in the A5 and aggregate series was made significantly worse through no fault of her own by physical damage because of the action of C2008 that was breaking RRS 10 and took an appropriate penalty.


6. Therefore, the requirements for redress in RRS 61.4(b)(2) are met.

The protest is upheld. Since C2008 took an applicable penalty, she is not further penalized under RRS 60.5(c)(2).

Redress is given to C22.

• C22 is to be scored in A4, A5 and A6 points equal to the average, rounded to the nearest tenth of a point (0.05 to be rounded upward), of her points in the A1, A2, A3, and A7 series. No other boat’s score shall change.


• C22 is to be scored in PA 26/1 and 21/2 points equal to the average, rounded to the nearest tenth of a point (0.05 to be rounded upward), of her points in the other PA races except the last scheduled PA. No other boat’s score shall change.