Hearing Decision

Procedural matters: 

• Boat 10 was represented by Ethan Lozevisk.


• Boat 17 was represented by Sienna Brown.


• Sukkyong Kim (jury member) attended the hearing as an observer.

Facts found: 

• The wind was approx 10 knots, with bumpy seas. 


• Within the first minute of the starting signal, Boat 10 was on starboard tack and Boat 17 was on port tack. 


• The boats were on converging courses.


• Boat 17 bore away and while passing astern of Boat 10, contact took place between the port stern of  Boat 10 and the bow of boat 17.


• Boat 10 was damaged; there was a hole in the port side air-tank.


• Boat 10 retired from race 2.


• Boat 17 took a two-turn penalty and finished the race.

1. Boat 17 on port tack failed to keep clear of Boat 10 on starboard tack, and broke RRS 10.


2. Boat 17 did not avoid contact when it was reasonably possible, and broke RRS 14.


3. It was not reasonably possible for Boat 10, the right-of-way boat, to avoid contact with Boat 17 when it was clear that Boat 17 was not keeping clear of Boat 10. Boat 10 did not break RRS 14.


4. Since Boat 17 caused serious damage, her penalty was to retire as required by RRS 44.1(b).


5. Boat 10’s place in race 2 was made significantly worse through no fault of her own by physical damage because of the action of Boat 17 that was breaking RRS 10 and 14.  Therefore the requirements in RRS 62.1(b) are met.

Boat 17 is DSQ in race 2.  

Redress is given to Boat 10. Boat 10 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.