These comments may be relevant regarding the protest results. I did not review the video enough to comment. Perhaps the list might chime in.
Charlie Nelson Water Phantom C&C 36 XL/kcb Sent from my iPhone Begin forwarded message: > From: Bill Kirsch <[email protected]> > Date: April 12, 2013, 3:05:53 PM EDT > To: <Undisclosed-Recipient:;> > Subject: More on Race Collision and Protest Decision > Reply-To: "Bill Kirsch" <[email protected]> > > ODC MEMBERSHIP > > The message below was sent a couple of days ago to all ODC club members.... > > There have been a few interesting e-mails regarding this and those > interchanges brought out good points that should be noted: > > 1. Barging is a term commonly used, however it is not a proper term in the > Racing Rules. This is an excellent example of not keeping clear. Barging > should not have been referenced. > > 2. The protest committee’s ruling was that BLUE was scored DNF – Did Not > Finish. Several of us take issue with this since BLUE was OCS – On Course > Side at the start signal and did not return to start correctly. Therefore > how could she be scored DNF? She didn’t start .. At best you’d call her OCS. > > 3. Since BLUE was ruled as not keeping clear and significant damage to boat > and personnel, she should have been scored DSQ – Disqualified. See RRS 64.1 > > 4. Take note that this race occurred in April, 2013. The NOR stated that > the race would be run under the RRS of 2009-2012 while the S/I’s stated the > RRS of 2013-2016. For the most part ODC has been writing our NOR’s and S/I’s > stating that the race is run under the Racing Rules of Sailing. We do not > include the year since there are only one set of rules in effect – the > current ones. It is possible that a race, say in January, 2013, could be run > under the previous rules because the new rule books may not have had time to > get to all of the racing community. In that case it would be necessary to > specifically state that the rules being used are the previous ones eg: Racing > Rules of Sailing 2009-2012. > > Bill > [email protected] > > > Sent: Wednesday, April 10, 2013 10:57 PM > Subject: Fw: Fwd: Race Collision and Protest Decision > > ODC MEMBERSHIP > > Excellent example of barging and not keeping clear. Ultimate outcome of > protest committee follows. > Forwarded by Jerry Dasson. > > Video at start of race > > > Protest Committee Decision following incident: > > April 1, 2013 – Banderas Bay, Mexico > The following is the protest report issued by the Protest Committee in the > Banderas Bay Regatta case of Blue vs. Camelot, following a Race Two incident > in which Blue tactician Mike Danielson suffered two broken legs. > Banderas Bay Race Week 2013 > Protest Report > March 27, 2013 > 1. Protest between Blue #7331 (J/160) vs. Camelot #8581 (Hunter 54), and > Camelot vs. Blue in Race #2 of the 2013 Banderas Bay Race Week Regatta, March > 22, 2013. > 2. A hearing was scheduled for the protests at Paradise Village Resort, Nuevo > Vallarta, Nayarit, Mexico on March 27, 2013 at 1000 hours. Blue was > represented by tactician Mike Danielson, and Camelot was represented by > helmsman Craig Shaw. Also present were Dee Cockerham as recording secretary, > Dick Markie and Jen Edney who were observers. The protest committee (PC) > consisted of Donald Becker, IJ (USA) chair, Jesse Coburn and Robin Stout. > 3. The hearing began at 1005 hours. After an initial statement by the PC > chair, the representative for Camelot asked for clarification of the > definition of an interested party. The PC chair read the definition and > stated that none of the members of the PC met the definition. > 4. Next the PC addressed the issue of the Notice of Race (NOR) stating that > the RRS 2013-2016 applied and the Sailing Instructions (SIs) stating that the > RRS 2009-2012 applied. The PC acting under RRS 63.7 applied the NOR rule that > the RRS 2013-2016 will govern this protest. > 5. The PC then dealt with the validity of the protest. Neither boat hailed > “protest” nor displayed a red flag at the time of the incident. Neither boat > filed a protest within the time limit specified in the Sailing Instructions > (SIs). Both boats filed a written protest on Monday, March 25, 2013. Neither > boat notified the other of their intent to protest. Since the PC learned that > the incident resulted in injury, the PC extended the time limit under RRS > 61.3, protested both boats under RRS 60.3(a)(1), and opened the hearing. > 6. Witnesses for the parties were: Blue – Cheryl Sears, helmswoman, and Rob, > foredeck. Camelot – Eugenie Russell from Olas Lindas and Bill Lilly from > Moontide. The representative of Blue also presented a video from Blue that > included the last minute of the starting sequence and the incident. > 7. Facts Found: > a. The wind speed at the start of Class A, Race 2 was 13-15 knots. > b. At approximately one minute to the start, Camelot was sailing on starboard > tack at approximately 5 knots approaching the starting line to start with > Olas Lindas, also on starboard, to leeward. > c. Blue was on starboard tack approaching the Race Committee (R/C) Boat end > of the starting line on a reaching course sailing at approximately 8.5 knots > and clear astern of Camelot and Olas Lindas. > d. As Olas Lindas and Camelot approached the starting line, Olas Lindas > luffed Camelot, and Camelot luffed to keep clear. > e. Blue, sailing faster, closed on Camelot and became overlapped about 50 > feet to windward of Camelot. > f. Blue, still sailing faster and lower, converged on Camelot until the boats > were approximately 15 feet apart. > g. Blue then altered course to leeward toward Camelot and then windward as > Camelot tried to bear away to avoid contact. > h. Contact occurred between Blue’s stern quarter and Camelot amidships > causing noticeable scratches on Camelot’s topsides. > i. The tactician on Blue fell between the boats and suffered injuries. > j. Blue was called OCS by the R/C but quickly retired due to the crew’s > injuries. Blue returned to the harbor and took the crewmember to the hospital > for treatment. Camelot was not aware of the contact or the injury and > finished the race. > 8. Conclusion: > a. Blue, the windward boat, failed to keep clear. > b. Camelot acted to avoid contact when it became clear that Blue was not > keeping clear. > 9. Decision: > a. Blue’s score is to be changed to DNF > b. Camelot is not penalized under RRS 14(a) > 10. Rules that apply: > NOR: RULES, SI: 1.1, Def: Interested party, 60.3(a)(1), 61.3, 63.7, 11, 14(a). > 11. Diagram: the PC endorses the diagram of Camelot. > Members: Jesse Coburn, Robin Stout, and Donald Becker > Donald R. Becker, O.D. March 27, 2013 > A hearing to consider reopening the protest, filed by Blue, was held the next > day. The committee's conclusion was that "the evidence [presented by Blue > tactician Mike Danielson] was not significant new evidence that was not > available at the time of the protest hearing," and the request to reopen was > denied. >
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