Hearing Decision

Hearing Number: 15

Event: Sorrento Sailing Couta Boat ClubRace Number: 21
Protesting Boat: C81Protested Boat: C31
Submitted Date/time:  30 Apr 2022 14:44
Hearing Details: Port Starboard Redress

Facts Found

 

Procedural - Conflict of Interest


  1. Ben, Julia and Jack each declared a possible conflict of interest as employees of the club given the hearing involved the Club Captain.

  2. The season presentation was to be held that evening and the race was a part of three series that needed to be determined. 

  3. The Club Captain stated his view that he expected the PC would apply the rules as written and disregard any aspect of the employment relationship and he would accept their decision.

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

Procedural - Reclassification


  1. Prior to the hearing the PC Chair discussed the incident with the skipper of C31, who acknowledged that he had broken a rule in the incident and taken a penalty by retiring. On that basis the hearing proceeded as a redress hearing (RRS 62.1(b)) afer being reclassified  (RRS 64.1 (c))

The Incident.


  1. After about 10 minutes of racing C81 on starboard approached C31 on port on a collision course.

  2. C81 observed C31 and hailed ‘starboard’ several times 

  3. C31 did not alter course as they had difficulty releasing the main to bear away. 

  4. Once aware that C31 was not keeping clear, C81 took avoiding action by bearing away to sail astern of C31.

  5. Just after C81 bore away C31 released their main and bore away and the boats collided - fundamentally head on.

  6. C81 sustained a torn jib and broken bobstay and was unable to continue racing.

  7. C31 retired.


Conclusion

 

  1. C31 on port failed to keep clear of C81 on starboard and broke RRS 10.

  2. C81 acted to avoid contact with C31 when it was clear that C31 was not keeping clear.

  3. When C31 changed her course It was not reasonably possible for C81 the right-of-way boat to further avoid contact with C31 when it was clear that C31 was not keeping clear again. C81 did not break RRS 14.   


  4. C81's score in race 21 of the Aggregate and race 5 of the Passage Aggregate was made significantly worse through no fault of her own by physical damage because of the action of C31 that was breaking RRS 10 and took an appropriate penalty. 




Rule(s) applicable

 10, 14, 43.1 (c), 44.1 (b), 62.1(b), 63.4, 64.1(c)

Decision

 

Redress is given to C81. C81 is to be scored in the races 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, the last race, but not worse than the score for DNF.


Jury Members

 Ben Fels John Philpott, Julia Mackinnon, Jack Lewis

Signature

 

 


Results by SailingResults.net  Created 06 Oct 2022 05:55