Hearing Decision

1.  In 10 knots of wind, on the windward leg, 50 metres from the windward mark, boat 04 was close hauled on starboard tack  and boat 32 on port on a collision course.


2. Boat 34 was on a close hauled starboard tack, one to two boatlengths clear astern of boat 04 and to windward.


3. Boats 04 and 32 luffed.


4. There was contact between boats 04 and 32 which did not cause damage or injury.


5. At that time boat 34, sailing with speed ona collision course with 04, bore away.


6. There was contact between the starboard side bar of 04 and the forward hull of 34 which caused damage to boat 04, but no injury or serious damage.


7. There was no damage on boat 34.


8. Boat 32 took a one-turn penalty after rounding the windward and offset marks.

Boat 32 on port did not keep clear of boat 04 on starboard. Boat 32 broke rule 10.  The penalty turn was not made as soon as possible, so boat 32 is not exonerated under rule 44.2.

When boat 04, the right of way boat, changed course, she did not give boat 34 room to keep clear. Boat 04 broke rule 16.1 but is exonerated under rule 64.1(a).

It was not reasonably possible for boat 34 to avoid contact with boat 04. Boat 34 did not break any rule.