Hearing Decision

Hearing Number: 13

Event: Sorrento Sailing Couta Boat ClubRace Number: 4
Protesting Boat: C41Protested Boat: C70
Submitted Date/time:  23 Apr 2022 16:47
Hearing Details: Windward Leeward /redress request

Facts Found

 

Procedural


  1. Heard together with protest 14

  2. Harry Mighell declared a possible conflict of interest as a competitor in the race and series.

  3. Both parties views were that there was no problem with him being a member of the protest committee and consented to him being a member.

  4. The protest commitee decided that the conflict of interest was not significant given the level of the conflict, the level of the event, the importance to each party and the overall perception of fairness.

The incident


  1. There was a wind shift of more than 30 degrees and increase in pressure before the Prep signal was removed.

  2. Approx 30 seconds before the start signal the race was postponed.

  3. C41 was sailing close hauled towards the start line overlapped to leeward of C70

  4. C70 on starboard was sailing parallell to the start line in a bunch of boats, with boats to windward and leeward of her on a converging course with C41

  5. C41 hailed C70 to keep clear

  6. When C70 became aware of C41 she bore away to attempt to pass astern of C41.

  7. C70's bowsprit made contact with C41's hull amidships below the rubbing strake, pierced the hull, hit the centreboard case and broke.

  8. The race was restarted and completed.

  9. It would not be reasonably possible to repair the damage to C41 before the last race of the series.


Conclusion

 

  1. C70 to windward failed to keep clear of C41 to leeward, and broke RRS 11.

  2. C70 did not avoid contact when it was reasonably possible, and broke RRS 14.

  3. It was not reasonably possible for C41 the right-of-way boat to avoid contact with C70 when it was clear that C70 was not keeping clear. C41 did not break RRS 14.

  4. C70's score in race 4 of the series was made significantly worse through her own fault. Therefore, the requirements for redress in RRS 62.1 are not met.


  5. Since the incident caused serious damage, C70 may be penalized as per RRS 36(b), even though the race was restarted.




  6. C41's score in the series was made significantly worse through no fault of her own by physical damage because of the action of C70 that was breaking RRS 11 and 14 and was penalized.



 


Rule(s) applicable

 11, 14, 36 (b), 62.1 (b), 63.4 (a),(b) and (c), 64.2, M2.3

Decision

 

Since contact resulted in serious damage, C70 is DSQ. Since she was not racing, the penalty shall apply to race 4 under RRS 64.2.

Redress is not given to C70

Redress is given to C41. C41 is to be scored in race 4 and the final race of the aggregate 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.

 


Jury Members

 Ben Fels, Harry Mighell, Julia Mackinnon

Signature

 

 


Results by SailingResults.net  Created 06 Oct 2022 04:56