• NSW1001 (Rule 18.3)

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APPEAL No.	NSW2010001
APPEAL TO	Yachting NSW
APPEAL BY	REQUEST FOR CONFIRMATION OR CORRECTION BY PROTEST COMMITTEE (RULE 70.2)
THE PROTEST	X v Y
FACTS	1.   The incident occurred at the Coon Island mark which was a windward mark to be rounded to starboard. 2.   X approached close hauled on starboard tack. 3.   Y had slightly overstood the mark and tacked on to the port lay line. 4.   X on starboard  approx 1- 1½ boat lengths from the mark, was crossing ahead of  Y which was on port tack and Y bore away and passed astern of X to avoid contact with X at X’ mast line. 5.   Then X tacked on to port and within 1- 1½  of her boat lengths from the mark. 6.   When X tacked Y became overlapped to leeward and ½ a boat length below the mark and less than 1 of her lengths from the mark. 7.   Y shot the mark and was head to wind and was still on port tack. 8.   The bow of Y made a ‘T’ bone contact with the starboard aft quarter of X. 9.   Both boats rounded the mark without changing tack.
PC CONCLUSION & DECISION	RRS 18.3 did not apply as Y did not lay the mark because it was complying with RRS 10 and not because X had changed course because at that time X had not tacked. Also when X tacked Y was not then fetching the mark because she was below it. Therefore RRS 18.2(b) applied and as Y had not established an overlap to leeward of X prior to the zone, ie, 3 lengths, Y was not entitled to shoot the mark as she was not entitled to mark room. DECISION:  Y disqualified
APPEAL SUMMARY	The Protest Committee has requested confirmation or correction of its decision (rule 70.2).
APPEAL DECISION	The decision of the protest committee is corrected in that the decision is reversed:  X is disqualified.
APPEAL REASONS	Fact 9 is read by the appeal committee to mean that after the initial tack to port by X that neither boat made any further tack when rounding / passing the mark. The protest committee incorrectly interpreted the definition Fetching.  From the facts found, Y did pass to windward of the mark and leave it on the required side without changing tack. Therefore rule 18.3 applied when X first went onto port tack. Y is exonerated if she broke rule 15 or 16 in her luff to round the mark as such a luff described is consistent with sailing her proper course (rule 18.5(b)) The Protest committee found that contact occurred but did not find any facts as to damage or injury, therefore the limitations on Y set out in rule 14 are moot.
Panel	R Slater, H Elliott, M Pryke, D Talty, J Kirkjian, I Humphries