Hearing Decision

Procedural preamble A:

Hearing No. 4 was heard together with Hearing No. 6 in accordance with RRS 63.2 since both hearings arose from the same incident.

Procedural preamble B:

The skipper of C888 objected to panel member Ben Fels on the basis that Ben Fels was biased against the skipper of C888, that allegation arising from the outcome of Hearing Nos. 2 & 3 and the outcomes of hearings at previous events.

The protest committee determined that the allegation of bias did not constitute a conflict of interest that would prevent Ben Fels from being a member of the committee. However, the protest committee determined that because the allegation had been made against a staff member it would be appropriate for Ben Fels not to participate in the hearing.

Peter Hannah assumed the chairmanship of the committee.

Validity:

Two incidents were described in the protest lodged by C888: an incident occurring during the downwind leg, and an incident occurring at the gate mark of the downwind leg.

The protest in respect of the first incident was found to be valid.

The protest in respect of the second incident was found to be invalid. C888 failed to hail ‘Protest’ at the first reasonable opportunity, as required by RRS 61.1(a).

Facts found:

1. C888 and C1998 were running downwind on starboard tack to Gate Mark 2S/P.


2. C888 was overlapped to leeward of C1998.


3. C1998 altered course to pass astern of C888.


4. C1998 established an overlap within two hull lengths to leeward of C888 from astern.


5. C1998 continued to sail a course to Mark 2S/2P.


6. After some time holding these positions, there was contact between the boom of C888 and the shrouds of C1998.


7. No penalty was taken by either boat.


8. There was no damage or injury.

1. C1998 became overlapped from clear astern, within two of her hull lengths to leeward of C1998, and continued to sail her proper course. C1998 therefore did not break RRS 17.


2. C888 to windward failed to keep clear of C1998 to leeward, and broke RRS 11.


3. C888 did not avoid contact when it was reasonably possible, and broke RRS 14. Since C1998 was the right-of way boat and the contact did not cause damage or injury, she is exonerated under RRS 43.1(c) for breaking RRS 14.

• C1998 became overlapped from clear astern, within two of her hull lengths to leeward of C1998, and continued to sail her proper course. C1998 therefore did not break RRS 17.


• C888 to windward failed to keep clear of C1998 to leeward, and broke RRS 11.


• C888 did not avoid contact when it was reasonably possible, and broke RRS 14. Since C1998 was the right-of way boat and the contact did not cause damage or injury, she is exonerated under RRS 43.1(c) for breaking RRS 14.