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APPEAL No. 05-09

APPEAL TO Yachting NSW.

APPEAL BY Boat A

THE PROTEST (Boat B v Boat A )

The race was a handicap start and while Boat A had a start time 2 minutes after Boat B, both yachts were racing. Boat A tacked onto port tack, clear ahead of Boat B was also on port tack. Boat B created an overlap 1 boat-width to leeward of Boat A. Boat B sailed her proper course to start and the gap between the boats reduced. Boat A luffed and contact occurred. This contact resulted in damage and Boat B retired from the race.

PROTEST DECISION

The protest committee concluded that Boat A was in breach of rule 11, as there was sufficient room for Boat A to keep clear. Boat A was disqualified. Rules considered applicable were 11 and definition – keep clear. The Protest Committee endorsed the diagram submitted by Boat B.

APPEAL SUMMARY

Boat A claims the Protest Committee failed to consider rule 15 correctly; Boat B luffed when the boats were overlapped and failed to give Boat A room under rule 16.1

APPEAL DECISION

In accordance with rule F5, the protest committee is directed to find and advise additional facts. It may be necessary to reopen the hearing to do so.

APPEAL REASONS

The Protest Committee concluded that it was reasonably possible for Boat A to keep clear from when the 2 boats became overlapped. Neither fact 5, nor the diagram, adequately describe the course of Boat B from when the overlap with Boat A was established until the time of the contact. Nor are there facts on the relative courses of the boats at the time the overlap was created. The diagram suggests where the contact occurred but no facts have been established on this point. Without these additional facts, the appeals committee does not have sufficient facts to support or otherwise the conclusion of the protest committee.