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NickM View Drop Down
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    Posted: 03 Mar 17 at 9:41pm
Jim. "44.1((b) if the boat caused injury or serious damage or, despite taking a penalty, gained a significant advantage in the race or series by her breach her penalty shall be to retire."

Is a "small hole" serious damage? Finishing 20th did not give Mr G any advantage over Jerwood who finished 4th.   Maybe the Protest Committee decided that the luff was so sharp as to give Goacher no time to keep clear? Anyway this is all pure speculation.

Edited by NickM - 03 Mar 17 at 9:41pm
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JimC View Drop Down
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 03 Mar 17 at 9:53pm

Case 19 - Interpretation of the term ‘damage’.
Question
Is there a special meaning of ‘damage’ in the racing rules?
Answer
No. It is not possible to define ‘damage’ comprehensively, but one current English dictionary says ‘harm . . . impairing the value or usefulness of something.’

This definition suggests questions to consider. Examples are:
 Was the current market value of any part of the boat, or of the boat as a whole, diminished?
 Was any item of the boat or her equipment made less functional?

Don't think there's really going to be much doubt that a boat with a hole in is less functional and has a lowered market value.
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JimC View Drop Down
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 03 Mar 17 at 10:06pm
However apparently the Jury disagreed... I suppose because they've split the incident in two and found GBR 4021 didn't break a rule in the second half.


Decision of International Jury
Protest Number:5
Regatta Lexus of Hawke's Bay 21st Flying Fifteen World Championship
Date of Hearing: 3rd March 2017
Date of Incident:3rd March 2017
Race Number:7
Boat Protesting GBR 4021
Boat(s) Protested:AUS 3986
Representatives:Protestor: Steve Goacher
Protestee: Nick Jerwood
Witnesses: Charles Apthorp (GBR 4004); Konrad Weaver (GBR 3092); Alisdair Daines (jury)          
Validity/Procedural:Valid
Facts Found:
1.AUS 3986 and GBR 4021 were sailing downwind on starboard tack, overlapped, with AUS 3986 to leeward.
2.AUS 3986 luffed toward GBR 4021. GBR luffed but the courses continued to converge.
3.When they were very close AUS 3986 luffed a second time. GBR 4021 put the tiller down.
4.There was contact between the port quarter of GBR 4021 and the starboard forward gunnel of AUS 3986, causing damage to AUS 3986.
5.GBR 4021 took a two-turn-penalty.

Conclusions/Rules:
1.Initially, GBR 4021 to windward failed to keep clear of AUS 3986 as required by rule 11.2. Subsequently, AUS 3986, the right of way boat, changed her course and failed to give GBR 4021 room to keep clear as required by rule 16.1.

Decision:AUS 3986 is DSQ under rule 16.1. GBR broke rule 11 but she is not to be penalised because she took a two-turn penalty.

Protest Committee:Peter Scheuerl (chair), John Bullot, Alisdair Daines, Michele Governale, Peter Johnson
Chairman’s Signature:
Date and Time Decision Advised:    3rd March 2017 at 16:12 3rd March 2017 at 16:12



http://ff15worlds2017.juryboard.org/hearingschedule/index.php
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Post Options Post Options   Quote sargesail Quote  Post ReplyReply Direct Link To This Post Posted: 03 Mar 17 at 10:33pm
I'm surprised by the facts found which are not very clear.  I'll paraphrase them to expose the issue:

2.  AUS 3986 luffed.  GBR 4021 responded by luffing but not enough that it prevented convergence.
3.  The boats became very close (so arguably GBR 4021 was not keeping clear at that stage).  Then AUS 3986 luffed a second time (does that mean she had returned to her original course?  Or that she increased the rate of luff when the boats were 'very close').  GBR 4021 tried to luff to keep clear by putting the helm down.

That question is really pertinent: if she had returned to her original course she had given GBR 4021 an opportunity to keep clear by re-opening the gap.  But if it was an increase on the luff then I can see why the 16.1 call was made, especially if they were already converging.  The use of 'luffed a second time' is imprecise!

But I think the decision probably hinges on the location of the damage.  Because of course when AUS 3986 luffed her bow swung to windward.  When GBR 4021 luffed it's likely that her stern swung to leeward.  So in all probability she really couldn't keep clear.  

At a guess I reckon the Aussie boat went for the luff but was actually being rolled.  The second or increased luff was a last desperate attempt.

It would be really harsh to lob GBR under rule 14 given the location of the contact and damage.
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 03 Mar 17 at 10:59pm
No, if I were going to DSQ GBR it would be under 44.1b. It could be argued that if GBR had kept clear in the first place the second luff would not have occurred and so they bore a share of responsibility for an incident in which there was serious damage. I suspect it all would have depended on the nuances of what was heard from all parties.

But the moral of the story is "don't play bumper boats", and I really don't have a problem with that. AUS lost the champs when they initiated a collision causing damage, and they were always going to be DSQ for that: doing turns wouldn't have helped.
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Post Options Post Options   Quote Sam.Spoons Quote  Post ReplyReply Direct Link To This Post Posted: 03 Mar 17 at 11:12pm
That makes sense, so in what way could GBR have been 'not keeping clear' surely AUS would have had to have changed course to avoid a collision for that to be demonstrable and it appears that they actually luffed a second time? It will be interesting when the footage, if there is any, gets on youtube.

It's a long time since I could claim to have a thorough knowledge of the RRS but I'm trying to learn as I'm racing again after many years. Rules 14, 15 and 16.1 in particular seems to be nothing more than a 'get out of jail free' card for a give way boat.
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Post Options Post Options   Quote sargesail Quote  Post ReplyReply Direct Link To This Post Posted: 03 Mar 17 at 11:16pm
Originally posted by JimC

No, if I were going to DSQ GBR it would be under 44.1b. It could be argued that if GBR had kept clear in the first place the second luff would not have occurred and so they bore a share of responsibility for an incident in which there was serious damage. I suspect it all would have depended on the nuances of what was heard from all parties.

But the moral of the story is "don't play bumper boats", and I really don't have a problem with that. AUS lost the champs when they initiated a collision causing damage, and they were always going to be DSQ for that: doing turns wouldn't have helped.

I meant 44.1 - had just been thinking about 14.

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Post Options Post Options   Quote sargesail Quote  Post ReplyReply Direct Link To This Post Posted: 03 Mar 17 at 11:17pm
Originally posted by Sam.Spoons

That makes sense, so in what way could GBR have been 'not keeping clear' surely AUS would have had to have changed course to avoid a collision for that to be demonstrable and it appears that they actually luffed a second time? It will be interesting when the footage, if there is any, gets on youtube.

It's a long time since I could claim to have a thorough knowledge of the RRS but I'm trying to learn as I'm racing again after many years. Rules 14, 15 and 16.1 in particular seems to be nothing more than a 'get out of jail free' card for a give way boat.

If the Aus boat couldn't make an alteration of course in either direction (or continue with the current course) without there being contact then GBR hasn't kept clear.
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Post Options Post Options   Quote Sam.Spoons Quote  Post ReplyReply Direct Link To This Post Posted: 03 Mar 17 at 11:22pm
Okay, thanks, that makes sense.
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 03 Mar 17 at 11:34pm
Originally posted by Sam.Spoons

Rules 14, 15 and 16.1 in particular seems to be nothing more than a 'get out of jail free' card for a give way boat.

There's not really a get out gaol free. To (over?)simplify, if Give way breaks a rule she is penalised - as in this incident where she took a penalty. However ROW boat may get penalised as well (again as in this example). Roughly speaking the only time GW doesn't get penalised is if she is keeping clear perfectly satisfactorily and ROW does something so late and so unexpectedly that its impossible for GW to respond and keep clear. I don't think that's unreasonable.

Edited by JimC - 03 Mar 17 at 11:35pm
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