Hearing Decision

Procedural preamble:

A request for redress was submitted by 216224 within the protest time limit (RRS 62.2).

At the beginning of the hearing the jury learned that 216224 was seeking redress because of an incident involving 215085 that resulted in serious damage to 216224. Pursuant to RRS 60.3(a)(1) the jury decided to protest 215085.

The jury then proceeded to hear the request for redress and the protest together because the two hearings arose out of the same incident (RRS 63.2).

Facts found:

1. Race 1 for the ILCA4 class was sailed in choppy sea state with wind speed approaching 20 knots.


2. 216224 and 215085 were on port tack beating to the windward mark, with 216224 ahead and to leeward of 215085.


3. 216224 began tacking onto starboard and capsized with her mast fully entering the water.


4. 215085 altered course to pass to windward of 216224 because 216224’s sail in the water prevented her from bearing away to pass to leeward of 215085, and she was overlapped with boats to windward preventing her from tacking.


5. There was contact between the bow of 215085 and the foredeck of 216224, causing serious damage to the foredeck of 216224.


6. 216224 retired from the race, but sailed in the third race of the day.


7. 215085 finished the race and did not take a penalty turn.

1. It was not possible for 215085 to avoid 216224 who was capsized. Therefore 215085 did not break RRS 22.


2. It was not reasonably possible for 215085 to avoid contact with 216224 or vice versa. Neither 215085 nor 216224 broke RRS 14.

The protest is dismissed. Given that there was no breach of a rule of Part 2, redress is not given (RRS 62.1(b)).