Hearing Decision

Preamble

Paul Pascoe, Andrew Merrett and Richard Geake-Ransome declared a conflict of interest in another boat sailing in the series. Neither party objected to their membership of the panel (RRS 63.4).

Validity

There was no hail at the time of the incident, and no red flag was flown.

The collision between Mistral’s nose and True Colour’s port bow resulted in a large hole in True Colours’ hull which the PC considered to be serious damage (within the definition of the RRS).

Because there was serious damage that was obvious to both parties, the PC considered it a valid protest (RRS 61.1(a)(4)).

Facts found

1. Race 10 of the Post-Christmas Twilight Pursuit series was sailed in wind speed approximately 7-10 knots from direction SSE.


2. Mistral’s start time was 2 minutes. True Colours’ start time was 10 minutes.


3. Before the removal of the class flag, Mistral was on port tack approaching the start line about 150m to the north of the start line. True Colours was reaching on starboard tack toward the breakwater.


4. Mistral was not aware that she was on a collision course with True Colours until moments before the collision and made a last minute attempt to avoid contact. True Colours was not aware of Mistral to leeward of her until the collision occurred.


5. Mistral’s nose collided with True Colours, piercing a hole True Colours’ port bow.


6. Both Mistral and True Colours retired from the race.


7. As a result of the incident, there was serious damage to True Colours.

1. Mistral on port tack failed to keep clear of True Colours on starboard tack, and broke RRS 10.


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


3. True Colours did not avoid contact when it was reasonably possible, and broke RRS 14.