Hearing Decision

Procedural preamble:

Hearing No. 2 was heard together with Hearing No. 3 in accordance with RRS 63.2 since both hearings arose from the same incident.

Ben Fels declared that his son was sailing on C08 and asked for the views of the parties on this matter. Both were happy for him to be on the panel.

The hearing was adjurned and the protest committee considered the matters in 63.4 (c) and decided that the conflict of interest was not significant.

The hearing was resumed and the parties advised.

Facts found:

1. C2016 and C888 were on starboard tack approaching the pin end of the start line for Race 2.


2. C2016 was clear ahead of C888 


3. C888 bore away to pass to leeward of C2016, and in the process accelerated.


4. C888 established an overlap to leeward of C2016, with 1.5 meters seperation between her bow sprit and C2016's port stern corner.


5. There was contact between C888 starboard around the shrouds  and C2016's port stern corner.


6. C2016 took a penalty turn eight minutes after the incident.


7. There were scuff marks on both boats


8. There were no injuries

1. When acquiring right of way through her own actions, C888 failed to initially give C2016 room to keep clear, and broke RRS 15.


2. C888 did not avoid contact when it was reasonably possible, and broke RRS 14. 


3. Since C2016 was compelled to break RRS 11 as a consequence of C888 breaking RRS 15, she is exonerated under RRS 43.1(a) for this breach.


4. It was not reasonably possible for C2016 the right-of-way boat to avoid contact with C888 when it was clear that C888 was not keeping clear. C2016 did not break RRS 14.