Hearing Decision

Hearing Number: 09 heard with 11

Event: 2022 NSW Youth ChampionshipsRace Number: 8
Protesting Boat: 2688Protested Boat: 2126
Submitted Date/time:  03 Oct 2022 15:05
Hearing Details: Windward/leeward

Facts Found

 

1.      Flat water 8-10 knots

2.      About 30 seconds before the start 2688 was stationery just below the start line head to wind on starboard tack with gear eased, overlapped with boats to windward.

3.      With about 20 seconds to go, 2126 established an overlap from astern close to leeward of 2688

4.      2688 manouvered to keep clear and there was contact between the starboard forward quarter of 2126 and the port stern quarter of 2688 causing damage to 2688.  

5.      No boat took a penalty.


Conclusion

 

1.  When acquiring right of way through her own actions, 2126 failed to initially give 2688 room to keep clear, and broke RRS 15.

2. 2688 to windward failed to keep clear of 2126 to leeward, and broke RRS 11. Since 2688 broke RRS 11 while she was sailing within the room to which she was entitled, she is exonerated under RRS 43.1(b) for this breach.

3. 2126 did not avoid contact when it was reasonably possible, and broke RRS 14 and is not exonerated as the contact caused damage.

4. It was not reasonably possible for 2688 the boat sailing within the room to which she was entitled to avoid contact with 2126 when it was clear that 2126 was not giving room. 2688 did not break RRS 14.

 


Rule(s) applicable

 11, 14, 15, 43.1 b

Decision

 2126 is disqualified.

Jury Members

 Ian Humphries (IJ) Chair, Damien Boldyrew (IJ), Peta Norris, Fred Haes, Peter Walsh, Evan McHugh

Signature

 

 


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