Hearing Decision

1. One minute prior to the start, boat 10 was on starboard tack on or above the lay line to the committee boat, with boat 49 also on starboard tack overlapped to windward.


2. As the boats approached the committee boat, boat 10 steered a steady course to prevent boat 49 from passing astern of the committee boat.


3. Boat 49 bore away, making repeated contact with boat 10 and pushing boat 10 far enough to leeward to be able to pass astern of the committee boat.


4. After starting, boat 49 sailed several boatlengths on starboard before tacking onto port, and then for over a minute on port tack before taking a penalty turn.


5. Boat 49 took a one-turn penalty.


6. Boat 49 was the last boat around the first windward mark.

Boat 49 broke rules 11 and 14. Since her penalty turn was not taken promptly, she is not exonerated under 44.2. However, since she did not gain a significant advantage by her breach she is not obliged to retire under rule 44.1(a).