Hearing Decision

ProceduralMatters

• Based on the testimony during the hearing, the type of case was changed to a request for redress.

Facts Found

• The wind was around 13 knots  and the water was choppy.


• 2 minutes before the starting signal, 1040 on starboard tack was nearly wayless above close-hauled, below the starting line.


• 28 on starboard tack was beam-reaching to windward of 1040 on a course parallel tothe starting line and she was aiming amidships of 1040.


• 28 was not aware of the presence of 1040 to leeward of her.


• There was contact between the bow of 28 and  the starboard side of 1040, amidships.


• The contact caused a hole in the hull and water filled in the boat .


• 1040 retired from race 2 and did not sail race 3.


• 28 retired from race 2 in acknowledgement of a rule infringement.

• 28 to windward failed to keep clear of 1040 to leeward, and broke RRS 11.


• 28  did not avoid contact when it was reasonably possible, and broke RRS 14.


• It was not reasonably possible for 1040, the right-of-way boat, to avoid contact with 28 when it was clear that 28 was not keeping clear. Therefore, 1040 did not break RRS 14.


• Since 28 caused serious damage, by retiring she took an applicable penalty and complied with RRS 44.1(b)


• 1040's score in Race 2 and 3 was made significantly worse through no fault of her own by physical damage because of the action of 28 that was breaking RRS 11 and took an appropriate penalty. Therefore, the requirements for redress in RRS 62.1(b) are met.

Redress is given to 1040. 1040 is to be scored in races 2 and 3 points equal to the average, rounded to the nearest tenth of a point (0.05 to be rounded upward), of her points in all races 1, 4, 5 and 6. No other boat's score shall change.