RPAYC 2017~2018 Season      Protest decisions up to 21/10/2018

Print This Page

No PROTESTOR PROTESTEE Race CLOSE PROTEST HEARING Arb'n PROTEST DETAIL FACTS AND CONCLUSIONS RULE OUTCOME
12 Showtime [8338] Race Committee     0900 on
28/04/2018
    FACTS
Validity:
The request for redress was lodged on 21 April 2018. In a statement attached to the
request, Mark Griffith (the owner/skipper of Showtime) stated On Saturday 21/4/2018 at
approximately 1045hrs I was made aware of the matters contained in the above Redress
Application. As Mark Griffith was not available as a witness, the parties were asked, and
all agreed to accept this written evidence (refer RRS M3.2 for guidance).
The Protest Committee (PC) was presented with no evidence to show that the status of
the boats in the series is made clear on results handed out at the club. This might be
different to what is shown on the club website but there is no instruction as to what results
should be referred to.
As such, the PC found the request for redress valid.
Facts Found:
1. Ian Edwards raced the boat Firefly in the first 3 races of the Broken Bay Offshore
Series.
2. In December 2017, Ian Edwards asked the Race Committee permission to swap to
his new boat, Wings, for the series. The Race Committee permitted the change of
boat for the rest of the series under PHS handicap. As a result, the name of the
boat Wings was substituted for the entry Firefly in the results after Wings first raced
in race 4 of the series.
3. In giving approval to swap boats, the Race Committee stated that SI 5.5 1prevented
Wings from being scored in the series, so with good intentions, the Race Committee
simply approved to change Wings for Firefly. SI 11.12.
4. Wings continued to race in the series and be scored as part of the series.
5. The series has had 7 races scored. With Showtime currently placed 6th on 36.4
points and Wings placed 3rd on 28.8 points.
6. The 8th and final race in the series scheduled to start approximately 1 hour after the
end of the redress hearing and at some distance from the clubhouse.

CONCLUSIONS
Conclusions:
1. Redress (RRS 64.1)
1.1. Whether SI 11.1 allows for a change from Firefly to Wings was not resolved by the
PC as the PC feels such a question is moot.
1.2. The Race Committee made an error in allowing Wings to continue the series score
of Firefly as Wings had not sailed in the first third of races in the series (SI 5.5).
While the intentions of the Race Committee to promote participation are good, such
decisions must reflect the rules that the Organising Authority / Race Committee set
(RRS 90.1).
1.3. Showtimes results in the series have been (or may be) made worse by this
improper action by the Race Committee.
1.4. Showtime has no fault for the Race Committees actions.
2. Decisions on Redress (RRS 64.2)
2.1. Ian Edwards wrote to the race committee in accordance with SI 11.1. After making
the required request, Ian Edwards acted in accordance with Race Committee
instructions.
2.2. Four months and 4 races have transpired since the Race Committee approved the
swap of boats. This seems so be due to lack of appropriate actions by some boats
to seek redress as soon as reasonably possible and lack of knowledge of the Race
Committee actions by other boats.
2.3. While not a major reason for determining redress, the PC was mindful that the final
race was scheduled to start soon after the hearing. By the time the PC determined
in the hearing that redress was applicable, the boats competing in the last race
would be in transit to the starting area and those interested in the series score would
have at hand the series score that showed Wings as the 3rd place boat on 28.8
points. Changing the series results with no chance for all competitors to see the
outcome could possibly change relative scores and positions of many boats, which
in turn may change tactics for the final race, and was something the PC was loath to
do.
2.4. To simply re-score the series after discounting the improper decision of the Race
Committee would require the need to consider redress for Wings / Firefly as the
results of both boats would therefore be affected as a result of the improper actions
of the race committee. At the very least, if the series was to be re-scored, the PC
believes that procedural fairness requires Ian Edwards an entitlement to be a party
in a hearing on this issue. The PC therefore took the possible results of the Race
Committee improper actions on Wings / Firefly.
2.5. The impact of the Race Committee improper action has been compounded by the 4
month delay in other competitors seeking a review of the situation. The PC therefore
deems that the fairest arrangement as possible for all boats in the series is to simply
let the results stand (as allowed under RRS 64.2).
RRS M3.2, SI 5.5, SI 11.12, RRS 64.1, RRS 90.1, RRS 64.2, SI 11.1 1. Redress is granted.
2. The results of the 2017 - 2018 Broken Bay Division PHS series stand. This includes
the results for Race 8 scheduled for 28 April 2018.
11 Tailwind [6869] Race Committee 4 09.12 1730 on
11/04/2018
    FACTS
The Short Offshore Pointscore Series, for Division 1, consisted of 8 races held between 16th
Sept 2017 and 28th April 2018.
From Race 4 on 9th December 2017 up to and including Race 7 on 24th March 2018, the
yacht Wings was recorded and scored in each race and the series pointscore. Race and
series results were published to the website after each race.
This request for redress was lodged on 29th March 2018.
The representative from Tailwind stated they first became aware of Wings being scored after
looking at the results for Race 7, however, he also agreed there were informal
communications about the topic with the Vice Commodore Racing previous to this time.

CONCLUSIONS
The request for redress was not lodged as soon as reasonably possible after learning of the
issue as required by rule 62.2, therefore the request is invalid.
RRS 62.2 Hearing closed
Verbal decision given 11th April 18:30hrs
Written decision posted 13th April 10:00 hrs
10 Showtime [8338] Revolver [7079] 8 17:40 1800 on
21/03/2018
    FACTS
1. Showtime & Revolver were running downwind towards Rocky point in 10 kts.
2. On entereing the 3 boat lengthszone, Showtime was inside and overlapped with Revolver approximately 1 boat length to leeward.
3. At the mark rounding Showtime rounded in a seaman like manner and Showtimes port quarter made contact with Revolvers starboard midships.
4. Revolver failed to give mark room.
5. Revolver didn't do a penalty

CONCLUSIONS
18.2 A,B,C. Revolver is disqualified
9 Bombolo [6661] Ocean Road [6000] 4   18:00 on
21/02/2018
    FACTS
Validity of the protest:
The Protest Committee considered the validity of the protest in accordance with RRS 63.5 and found:

1) The Protest Form was lodged within an acceptable Time Limit as per RRS 61.3

2) Failure to display a Protest Flag was acceptable under 61.1 (4)

3) Failure to inform the Protestee, either by hail during the incident or later in the race when both vessels came within hailing range is unacceptable under RS 61.1 (a)(1)

CONCLUSIONS
RRS 63.5, RRS 61.3, 61.1 (4), RS 61.1 (a)(1) The Protest is deemed to be invalid and the Protest hearing closed.
8 Harlequin [ST4108]   4   18:00 on
14/02/2018
    FACTS
Request for Redress
"Harlequinn" stood by a "Man Overboard" from "Pretty Woman" and provided medical assistance and retrieved the "Man Overboard".

CONCLUSIONS
  Redress is granted in the form of average points for the Club Marine Wednesday Summer Series 2018 and the protest committee commend the crew of Harlequinn.
7 High Anxiety [4570] Pekljus [6419] 3   17:45 on
10/02/2018
    FACTS


CONCLUSIONS
  Marcus Grimes requested to withdraw his protest. Jury members discussed the request and decided to allow withdrawal.
6 Hans Free [6611] Kate [R1610] 3   18:00 on
14/02/2018
    FACTS
Protestor aware of Kate's protest on WEdnesday 7th Feb 2018 but not lodged until Friday 9th Feb 11:21am, outside time limit.

CONCLUSIONS
Rule 61.3 Protest invalid; hearing is closed.
5 Kate [R1610] Hans Free [6611] 3   18:00 on
14/02/2018
    FACTS
1.Kate and Hans Free were approaching the Taylors Point mark on Port tack approximately 15 m apart.
2.When Kate was at a position of three boat lengths from the mark Kate advised Hans Free that there was no overlap.
3.At the Taylors Point mark Hans Free on port made contact about 1 m from the stern of Kate on the starboard quarter with Kate then on starboard gybe.

CONCLUSIONS
1.Kate and Hans Free were approaching the Taylors Point mark on Port tack approximately 15 m apart.
2.When Kate was at a position of three boat lengths from the mark Kate advised Hans Free that there was no overlap.
3.At the Taylors Point mark Hans Free on port made contact about 1 m from the stern of Kate on the starboard quarter with Kate then on starboard gybe.
Rules. 10, 14, 18 .2(e). The protest is upheld and Hans Free is disqualified.
4 Pretty Woman [545] Ghostrider [403] 15 18:38 17:30 on
20/12/2017
    FACTS
1.Pretty Woman and Ghost Rider were heading towards the finishing line on starboard tack, travelling at approximately 7 knots.
2.Ghost Rider was clear ahead and approximately 2 boat lengths to leeward of Pretty Woman.
3.Ghost Rider tacked onto port tack to approach the finishing line.
4.Ghost Rider bore away to avoid contact with Pretty Woman.
5.Pretty Woman, still on starboard tack, also bore away to avoid contact with Ghost Rider.
6.Ghost Rider passed within 1 metre clear astern of Pretty Woman.

CONCLUSIONS
1.Ghost Rider on port tack was required to keep clear of Pretty Woman on starboard tack. Keeping clear requires more than avoiding contact (Case 88).
2.Pretty Woman on starboard tack had a reasonable apprehension that contact with Ghost Rider might have occurred and took evasive action.
3.There are no grounds for redress under RRS 62.
RRS 10, 14, 61, 62 and 63. Case 88. The protest is upheld and Ghost Rider is disqualified from the race.
3 Race Committee   2 1930 1800 on
18/10/2017
    FACTS
For full details regarding facts found and conclusions, please see the PDF, "Protest Hearing - Broken Bay Offshore Series Race 2 (18/10/2017)" found under Notices to Competitors, located here: http://www.rpayc.com.au/yacht-racing/notices-amendments

CONCLUSIONS
  1. Pekljus is to remain being scored as retired from Race 2. All other yachts in Div 1
that were recorded as coming to the starting area for race 2 are to be scored points
for race 2 equal to their average of races 1,3,4,5 and 6.
2. All yachts in Div 2 that were recorded as coming to the starting area for race 2 are to
be scored points for race 2 equal to their average of races 1,3,4,5 and 6.
2 Div 1 / 2 Race Committee 2 1930 1800 on
18/10/2017
    FACTS
For full details regarding facts found and conclusions, please see the PDF, "Protest Hearing - Broken Bay Offshore Series Race 2 (18/10/2017)" found under Notices to Competitors, located here: http://www.rpayc.com.au/yacht-racing/notices-amendments

CONCLUSIONS
  1. Pekljus is to remain being scored as retired from Race 2. All other yachts in Div 1
that were recorded as coming to the starting area for race 2 are to be scored points
for race 2 equal to their average of races 1,3,4,5 and 6.
2. All yachts in Div 2 that were recorded as coming to the starting area for race 2 are to
be scored points for race 2 equal to their average of races 1,3,4,5 and 6.
1 Astral [8675] Pirihi [5219] 1   0830 on
16/09/2017
    FACTS
Facts Found:
1.Because of injury on Astral and significant damage the Protest was deemed valid.
2.At slightly less than 1 minute before the start for Division 2 of race 1 of the RPAYC Inshore Series on Saturday 9 September, in a moderate breeze of 12 -15 knots, Astral and Pacesetter were approaching the start line close hauled on Starboard tack with Pacesetter overlapped to Leeward.
3.Astral was keeping clear of Pacesetter by pointing up which slowed her forward momentum to about 1 knot.
4.Pacesetter bore away before the start.
5.Kalika III established an overlap from astern at 9 metres to leeward of Astral.
6.Pirihi was some 6 boat lengths astern of Astral with other boats to windward of her.
7.Some few seconds before the start Pirihi came from clear astern at a speed of 5 knots between Kalika III and Astral, to windward of Kalika III and to leeward of Astral.
8.There was a space of about 2 metres between Pirihi and Astral and less space between Pirihi and Kalika III.
9.Kalika III called Pirihi to keep clear and Pirihi responded after contact with Kalika III with Pirihi calling on Astral to keep clear.
10.Astral moved her helm attempting to keep clear.
11.Contact occurred between Pirihi and Astral on at least 2 occasions resulting in damage to Astral and injury to a crewmember of Astral.
12.Kalika III sailed clear and started and Pirihi sailed clear, started and continued to race.
13.Neither Astral nor Pirihi undertook any penalty turns.

CONCLUSIONS
In establishing an overlap less than 2 boat lengths from Astral, Pirihi was required to give Astral room to keep clear and in altering course when called up by Kalika III was again required to give Astral time to respond but did not do so. In altering her helm Astral was attempting to keep clear of Pirihi.
Rules 11, 15 & 16.1 Pirihi is Disqualified.