Appeal No. NSW 2011-01  
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Back:  Racing > Racing Rules Committee > 2011 Appeals

Appeal No. NSW 2011-01

Appeal No. NSW 2011-01
Appeal To. Yachting NSW
Appeal By. Boat A
The Protest.

Protest No. 1 – Boat A v Boats X and Y
• Boat A on port tack was required to keep clear.
• Boat A did not keep clear resulting in serious damage.
  Protest No. 2 – Protest Committee v Boat A
• Collision on beat to windward.
• Boat A fetching the windward mark.
• Boat A hailed for Boat Y to keep clear.
• Boat Y was keeping clear.
• Boat A collided with Boat X causing damage to her and to Boat Y.
  Request to reopen both protests by Boat A
Protest
Decision.

Protest No. 1
Boat X is disqualified (RRS 10).
  Protest No. 2
• Boat A is disqualified (RRS 14).
• Boat Y is given average series score (RRS A10(a)).
  Request to Reopen
Boat A no new facts were presented and the request to reopen was declined
Appeal
Summary
 • Boat A claimed that the protest committee had failed in a number of procedural deficiencies and that the protest should have been ruled invalid. These issues were not raised by her at the protest hearing. Claims of procedural irregularities should be raised as soon as they occur during a hearing.
• Boat A claimed that Boat Y was not keeping clear. This is contrary to the facts found.
• Boat A claimed that the protest committee failed to adequately consider the evidence that she had born away some 15 degrees attempting to keep clear of Boat Y.
Appeal Decision Appeal is dismissed except that Boat A is to be rescored DNF.
Appeal Decision
Grounds

• The appeal is based on questions of fact. RRS 70.1 precludes an appeal being lodged on the facts found and is therefore dismissed.
• On the facts found the protest committee was entitled to find that Boat A had infringed RRS 14, however as Boat A had retired from race 5 for whatever her reason, the protest committee was not entitled to increase her penalty (RRS 64.1(b) & ISAF Case 99).
• The protest committee has the sole responsibility of deciding whether to reopen a hearing and in this regards they were not satisfied that there was a good reason to reopen the hearing.