Hearing Decision

Hearing Number: 1

Event: Royal Brighton Yacht ClubRace Number: 1
Protesting Boat: B330Protested Boat: No Mans Land - RMYS
Submitted Date/time:  06 Nov 2021 16:24
Hearing Details: Mark Rounding

Facts Found

 

Date Of Incident: 6 Nov 2021

Date of Hearing:17 Nov 2021

RMYS – Bert Watts Trophy

RBYC – Brighton Championship, Medium Distance Race

MYS – Div 1

RBYC – Div 1

1. The two boats were racing in different races, one organized by Royal Melbourne Yacht Squadron (RMYS) and the other by Royal Brighton Yacht Club (RBYC) with separate sailing instructions for each.

2. The two were approaching Mark R3, which to be left to port by both boats, with No Man’s Land (S6418) running square on port tack and Hart Breaker (B330) close hauled on starboard tack. Neither boat realized that R3 was a rounding mark for both.

3. They were on converging courses but, if they both stood on, would have passed clear of one another by a boat length or more.

4. Hart Breaker hailed “starboard” and indicated that they were aiming for R3. No Man’s Land responded with “that’s our mark”.

5. However, Hart Breaker then bore away, closing to within a few metres of No Man’s Land.

6. As Hart Breaker bore away, No Man’s Land also bore away and did an ‘all standing’ gybe before gybing back again to swing her stern away from Hart Breaker.

7. Hart Breaker simultaneously luffed and, although there was no contact between the hulls, her mast made contact with the mast of No Man’s Land causing damage to both rigs.

8. Hart Breaker retired from the race due to possible damage

 


Conclusion

 

Although they were both intending to round the same mark, RRS 18 does not apply between them.

2. No Man’s Land on port tack, was keeping clear for Hart Breaker as required by RRS 10.

3. When Hart Breaker altered course towards No Man’s Land, she broke RRS 16.1 and 16.2.

4. Hart Breaker also broke RRS 14 when it was reasonably possible for her to have avoided contact and she did not do so.


Rule(s) applicable

 RRS 10, 14, 16.1 and 16.2

Decision

 Hart Breaker is not further penalised as she retired.

Jury Members

 Rob Ware NJ, Andrew Warne and Tony Dawson NJ (chairman)

Signature

 

 


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