Hearing Decision

Procedural matters:

1. 1514 was represented by John Kostecki.


2. 932 did not attend the hearing. The hearing proceeded under RRS 63.1(b).

Facts found:

1. Races 8 and 9 of the World Championship were conducted in approximately 15kts breeze and 1m waves.


2. In the last two minutes prior to the start of race 8, 932 on port and 1514 on starboard were reaching below the start line on a converging course toward each other.


3. 932 bore away from the start line directly in front of 1514. Almost immediately, there was contact between the bow of 1514 and 932 at midships. 


4. The collision resulted in a large hole in the bow of 1514. 


5. 1514 sailed in races 8 and 9. 


6. After the finish of race 9, 1514 called for assistance as she was sinking.


7. After returning ashore, 932 retired from race 8 in acknowledgement of wrongdoing after discussing the collision with 1514.

1. 932 on port failed to keep clear of 1514 on starboard. 932 broke RRS 10.


2. 932 did not avoid contact with 1514 when it was reasonably possible. 932 broke limb (a) of RRS 14.


3. 932 caused serious damage to 1514. By retiring, 932 took the appropriate penalty as required by RRS 44.1(b).


4. It was not reasonably possible for 1514 to avoid contact with 932. 1514 did not break limb (a) of RRS 14.


5. Due to the hole in the bow caused by the collision, 1514 took on water during races 8 and 9 which affected her performance. Through no fault of her own, 1514’s score in races 8 and 9 was made significantly worse due to physical damage because of the actions of 932 which was breaking a rule of Part 2 and took the appropriate penalty (RRS 61.4(b)(2)).

Protest upheld. Since 932 took an appropriate penalty, she is not to be further penalised (RRS 60.5(c)(2)).

Redress is given to 1514. 1514 is to be scored in races 8 and 9 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 in the series except races 8 and 9. No other boat’s score shall change.