Hearing Decision

1. Arbitration meeting was offered to the parties, 211478 refused.

2. Tristan Brown  (support person for 190347) attended the hearing as an observer 

3. 219158, Isaac GOH attended the hearing as a witness for 211478.

4. 211478 was represented by Julian TAYLOR

5. 190347 was represented by Patrick SCALLY

1. Wind condition of 11-12 knots. 

2. On leg 1, 211478 was sailing close hauled on port tack, with 190347 close hauled on the same tack and overlapped approximately 1 boat length to windward. 

211478  was on a collision course with 219158 sailing close hauled on starboard tack.

3. 211478 hailed “room to tack” multiple times when she was one boat length from 219158.

4. 190347 did not respond to the hails. 

5. When 211478 was approximately 2 metres from 219158, 211478 luffed and passed head to wind, creating a collision course with 190347.

6. Before 211478 reached a close hauled course, 190347 tacked, reached a close hauled course on starboard tack and there was contact between the port bow of 211478 and the starboard quarter of 190347.

7. There was no damage or injury. 

8. No boat took a penalty after the incident.

1. 190347 failed to respond as soon as possible after 211478 hailed "Room to tack", and broke RRS 20.2(b) and (c).

2. 190347 did not avoid contact with 211478 even though it was reasonably possible, and broke RRS 14(a).

3. Since 190347 was the right-of way boat and the contact did not cause damage or injury, she is exonerated under RRS 43.1(c) for breaking RRS 14(a).

4. After passing head to wind and before being on a close-hauled course, 211478 failed to keep clear of 190347. 211478 broke RRS 13.

5. Since 211478 broke RRS 13 while she was sailing within the room to which she was entitled, she is exonerated under RRS 43.1(b) for this breach.

6. It was not reasonably possible for 211478 the boat sailing within the room to which she was entitled to avoid contact with 190347 when it became clear that 190347 was not giving room. 211478 did not break RRS 14(a).

190347 is disqualified in Race 9