Hearing Decision

1. 
   

   The wind was 10-14 knots and the sea state was choppy approx 0.5 to 1m swell.

   
   


2. 
   

   On the second upwind leg, 1119 was sailing close hauled on port tack on a converging course with 865 on starboard close hauled course.

   
   


3. 
   

   1119 altered course in an attempt to pass astern of 865.

   
   


4. 
   

   1119’s bow hit the port aft quarter of 865 breaking the backstay of 865.

   
   


5. 
   

   865 and 1119 retired from the race.

   
   

1. 
   

   1119 on port tack failed to keep clear of 865 on starboard tack, and broke RRS 10.

   
   


2. 
   

   1119 did not avoid contact when it was reasonably possible, and broke RRS 14(a).

   
   


3. 
   

   It was not reasonably possible for 865 to avoid contact with 1119 when it was clear that 1119 was not keeping clear. 865 did not break RRS 14(a).

   
   


4. 
   

   865’s place in race 2 was made significantly worse through no fault of her own by physical damage because of the action of 1119 that was breaking RRS 10 and 14 and took the appropriate penalty. Therefore, the requirements for redress in RRS 61.4(b)(2) are met.

   
   

1119 took an appropriate penalty and no further penalty applies (RRS 60.5(c)(2)).

Redress is given to 865. 865 is to be scored in race 2 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 sailed before the last scheduled day of the regatta if racing is later scheduled on that day, except race 2. No other boat’s score shall change.