Hearing Decision

Hearing Number: 06

Event: Zhik 2019 Australian 9er ChampionshipsRace Number: 8
Protesting Boat: 2240Protested Boat: 2447
Submitted Date/time:  06 Jan 2019 17:48
Hearing Details: Windward/Leeward

Facts Found

 

  1. 2240 was on starboard tack close-hauled.

  2. 2447, also on starboard, was running with spinnaker set, on a collision course with 2240.

  3. When it became apparent that contact was going to occur between the two boats, 2240 altered course to leeward attempting to avoid contact.

  4. Contact occurred between the spinnaker pole of 2240 and the stern of 2447.

  5. The end of the spinnaker pole broke, preventing the spinnaker being flown.

  6. 2240 capsized and the helm injured her knee.

  7. 2240 did not complete Race 8 and could not start in Race 9.

  8. 2447 did not complete penalty turns.


Conclusion

 

2447, a windward boat, failed to keep clear of 2240, a leeward boat as required by RRS 11 and contact occurred causing serious damage and injury.

It was not reasonably possible for 2240, the right of way boat, to avoid contact with 2447 when it was clear that 2447 was not keeping clear.

Through no fault of her own, the score of 2240 was made significantly worse by the actions of a boat breaking a rule of Part 2 and she is entitled to redress.

 

 


Rule(s) applicable

 11, 14, 62.1 (b)

Decision

 

2447 is to be scored DSQ in Race 8.  

2240 is granted redress for Races 8 and 9 in accordance with App A 10 (b).


Jury Members

 Jonathon Rees NJ (Chairman), Luke Tupper NJ, Murray Jones IJ

Signature

 

 


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