Hearing Decision

Hearing Number: 06

Event: 2018 Sail MelbourneRace Number: 3
Protesting Boat: 1458Protested Boat: 1771
Submitted Date/time:  14 Dec 2018 17:10
Hearing Details: Port/Starboard

Facts Found

 

  1. The hearing proceeded under Racing Rules of Sailing (RRS) 63.3(b).

  2. No representative of Opti 1771 came to or attended the hearing.

  3. Just after the one minute signal for the start of Race 3, 1458 on starboard reach twice hailed “starboard” to 1771 sailing on a port reach on a head–on converging course with 1458.

  4. Both boats luffed slightly while still converging.

  5. 1458 returned to its original course and stopped, with 1771 one boat length away.

  6. 1771 bore away and then luffed, its bow making contact with 1458’s bow, resulting in a hole in 1458’s bow completely through the hull and sufficient to admit water.

  7. Shortly after the contact and before the starting signal, the race was postponed.

  8. Race 3 was subsequently started and completed.


Conclusion

 

  1. 1771 on port failed to keep clear of 1458 on starboard, breaking RRS 10.

  2. It was not reasonably possible for 1458, as the right of way boat, to avoid contact with 1771. 1458 did not break RRS 14.

  3. It was reasonably possible for 1771 to avoid contact with 1458.  1771 failed to do so, breaking RRS 14 and causing serious damage.


Rule(s) applicable

 RRS 10, 14, 63.3(b) and 64.1(c). Reference is made to World Sailing Case 141.

Decision

 

1771 is DSQ in Opti Open class Race 3.?


Jury Members

 Rick Hatch CAN NJ/NU (Chairman), Mark Townsend USA NJ/NU (Chairman), Bill Bell AUS IJ, Mike Alison NZL IJ/NU, Rick Hatch CAN NJ/NU, Rob Ware AUS IJ

Signature

 

 


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