Hearing Decision

Procedural matters: 

  

1. 190347 chose not to attend the arbitration meeting, so the arbitration meeting did not proceed and the protest was scheduled for a hearing.

2. Hearing No. 7 was heard together with hearing No. 8  in accordance with RRS 63.2 since both hearings arose from the same incident.

3. Hamish Crabb (216359) attended the hearing as a witness for 217820.

4. Julian Taylor (221522) attended the hearing as a witness for 190347

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

Facts found: 

1. The wind was approx 10 knots with lumpy seas.

2. 217820 and 190347 were reaching above the layline to mark 5, both on port tack.

3. When 190347 was 5 boat lengths from mark 5, the boats were overlapped, with 190347 to leeward and ahead of 217820.

4. Both boats bore away towards mark 5 and when 190347 was at the zone, she remained overlapped to leeward and was outside of 217820.

5. When 190347 was one boat length from the mark, both boats gybed simultaneously to starboard.

6. Contact occurred between the boom of 190347 and the competitor of 217820.

7. There was no damage or injury.

8. Neither boat took a penalty. 

1. 190347 outside overlapped at the zone failed to give 217820 mark-room, and broke RRS 18.2(b).

2. 190347 to windward failed to keep clear of 217820 to leeward, and broke RRS 11.

3. 190347 did not avoid contact when it was reasonably possible, and broke RRS 14.

4. It was not reasonably possible for 217820, the boat sailing within the mark-room to which she was entitled, to avoid contact with 190347 when it was clear that 190347 was not giving mark-room. 217820 did not break RRS 14.

190347 is DSQ in race 7