De jury beslist
Ieder verhaal heeft natuurlijk twee kanten, de uiteindelijke conclusie van het protest ARK 323 v RAGAMUFFIN 52 Sydney to Hobart Race.
FACTS FOUND:
1. Both boats had tacked to port near the boundary with ARK 323 to windward of RAGAMUFFIN 52 and overlapped.
2. A series of starboard tack boats approached requiring both boats to take action for them to keep clear.
3. Both boats bore away in order to keep clear of the starboard tack boats.
3. ARK 323 eased the mainsail in an attempt to slow down to avoid the starboard tack boats.
4. The boom subsequently contacted the port stanchion of RAGAMUFFIN 52 near the mast.
5. ARK 323 having cleared the stern of the last of the starboard tack boats (LUPA of LONDON) then luffed and there was contact between the aft starboard quarter of ARK 323 and the port side of RAGAMUFFIN 52 causing serious damage to ARK 323.
6. ARK 323 retired due to the damage caused.
7. RAGAMUFFIN 52 continued racing and did not take an alternative penalty.
CONCLUSIONS AND RULES THAT APPLY:
1. Both RAGAMUFFIN 52 and ARK 323 were obligated to keep clear of the starboard tack boats under Rule 10.
2. Under Rule 19.2(b) RAGAMUFFIN 52 was required to give ARK 323 room to keep clear of the starboard tack boats.
3. The Jury was satisfied that the room given was not sufficient.
DECISION:
Under Sailing Instruction 20.1(b) a time penalty equivalent to 20% of RAGAMUFFIN 52’s elapsed time is to be added to her elapsed time.
ARK 323 is exonerated from breaking Rule 11 under Rule 21(a).
International Jury:
John Rountree (Chairman), Noel Allen, Russell Green, Selvam Mookken, Tony Mooney
Signed:John Rountree – Chairman Date: 30th December 2015
10 ON OPPOSITE TACKS
When boats are on opposite tacks, a port-tack boat shall keep clear of a starboard-tack boat.
11 ON THE SAME TACK, OVERLAPPED
When boats are on the same tack and overlapped, a windward boat shall keep clear of a leeward boat.
19 ROOM TO PASS AN OBSTRUCTION
19.1 When Rule 19 Applies
Rule 19 applies between boats at an obstruction except when it is also a mark the boats are required to leave on the same side. However, at a continuing obstruction, rule 19 always applies and rule 18 does not.
19.2 Giving Room at an Obstruction
(a) A right-of-way boat may choose to pass an obstruction on either side.
(b) When boats are overlapped, the outside boat shall give the inside boat room between her and the obstruction, unless she has been unable to do so from the time the overlap began.
(c) While boats are passing a continuing obstruction, if a boat that was clear astern and required to keep clear becomes overlapped between the other boat and the obstruction and, at the moment the overlap begins, there is not room for her to pass between them, she is not entitled to room under rule 19.2(b). While the boats remain overlapped, she shall keep clear and rules 10 and 11 do not apply.
20. ALTERNATIVE PENALTIES
(Amends RRS 44, 63.1 and 64)
20.1 Before Clearing Turning Marks Z and Y.
(a) For an infringement of Part 2 of the RRS that occurs after the Preparatory Signal and prior to the boat clearing the relevant seamark (Mark Z/ Mark Y), the Two Turns Penalty under RRS 44.2 shall apply.
(b) A boat which is found after a protest hearing to have infringed a rule of Part 2 of the RRS after the Preparatory Signal and prior to the boat clearing the relevant seamark (Mark Z/ Mark Y), shall receive a time penalty of not less than 5 minutes added to the boat’s elapsed time.
(c) A boat that is found to be on course side at it´s starting signal and fails to return and start shall receive a scoring penalty of 30%.
(d) A boat that complies with SI 20.1(a) shall, in addition to completing the Declaration as required under SI 26, notify “JBW” when reporting its position at the first scheduled Radio Position Report (1905 hours on 26 December 2015).
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