2017 Sydney Harbour Regatta      Protest decisions up to 19/10/2017

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No PROTESTOR PROTESTEE Race HEARING Arb'n FACTS AND CONCLUSIONS OUTCOME RULE
9 Luna Sea
6339
Performance Spinnaker Div 2
Req for Redress 2 18:40 on
16/03/2017
  FACTS
VALIDITY
Luna Sea raised concerns with the results with the race committee on the morning of Monday 6 March 2017, and asked to be provided with a protest form by an email at 13:59pm that day, which stated Luna Seas concerns.

Luna Sea delivered her request for redress within a reasonable time of learning of the reasons for making the request in accordance with rule 62.2.

The requirements of the request for redress have been met, it is valid, and the hearing was continued in accordance with rule 63.5.

FACTS
1.At some time before 17:45pm on Sunday 5 March 2017 the race committee posted results showing Luna Sea in first place in Performance Spinnaker Div 2 on points.

2.As a result of a scoring enquiry from another boat, the race committee reviewed results and posted corrected results for Performance Spinnaker Div 2 at 1745pm showing Luna Sea in third place on points.

3.Rule 90.3( c ) states that when the race committee determines from its own records or observations that it has scored a boat incorrectly, it shall correct the error and make the corrected scores available to competitors.

4.SI 14 states that results will also be posted to the event website at www.shr.mhyc.com.au. All results published are provisional until all protests have been heard.

5.SI 18 states that performance based handicaps (PHS) including event handicaps (EHC) may be changed at any time during the regatta.

CONCLUSIONS
A..Posting incorrect results for Performance Spinnaker Div 2 before 17:45pm was an improper action by the race committee, but it did not make the score or place of Luna Sea worse. Luna Sea is not entitled to redress for this improper action in accordance with rule 62.1( a ).

B.The race committee corrected boats scores in Performance Div 2 as it was required to do by rule 90.3( c ). The power and the obligation of the race committee under rule 90.3( c ) does not depend on published results being identified as provisional and may be performed within any reasonable time. There was no improper action by the race committee in correcting scores and posting corrected results. Luna Sea is not entitled to redress for this action in accordance with rule 62.1( a ).
Redress is not given. 62.1, 62.2, 63.5, 90.3( c )
8 Shibumi
8330
Performance Spinnaker Div 2
Kelsea Blue
6584
Performance Spinnaker Div 2
1 on
04/03/2017
  FACTS


CONCLUSIONS
Kelsea Blue retired from Race 1 after finishing.

The protest committee allowed the protest to be withdrawn.
63.1
7 Race Committee Nine Dragons
18889
Open W/L Div 2
2 16:45 on
04/03/2017
  FACTS
1. The race committee announced Course 3 for Division 1 and Course 2 for other divisions in Race 2.
2. The race committee displayed a course board for Course 3 before the warning signal for Division 1.
3. The race committee did not change the course board for the start of Division 2.
4. The race committee confirmed by radio to another competitor in Division 2 that the race committee intended boats to sail Course 2.
5. Nine Dragons sailed Course 3, a longer course than Course 2.
6. Nine Dragons recorded her time at the gate, immediately upwind of the finishing line at the end of what would have been course 2 as 14:41:30.

CONCLUSIONS
Nine Dragons's score in Race 2 was made significantly worse by an improper action of the race committee and no fault of her own. Nine Dragons is entitled to redress.
The finishing time of Nine Dragons in Race 1 is to be adjusted to 14:41:30, and she is to be scored accordingly. 62.1( a ), 64.2.
6 Race Committee Java, Infinity 1 16:30 on
04/03/2017
  FACTS
See Protest 5

CONCLUSIONS
In Race 1, Java and Infinity are to be scored the average of their points in all races sailid later in the series  
5 Java
876
J70
Req for Redress
RC
J70
1 16:30 on
04/03/2017
  FACTS
1. The race committee announced 'racing abandoned for the day' and subsequently displayed AP over H.
2. No signals or communications were made to boats ashore, and racing was resumed at about 13:40.
3. Java and Infinity did not come to the starting area.
4. The race committee incorrectly announced 'racing abandoned for the day'.
5. It is the opinion of the race committee that Java and Infinity should be given average points.

CONCLUSIONS
The scores of Java and Infinity in Race 1 were made significantly worse by an improper action of the race committee, and through no fault of their own. Java and Infinity are entitled to redress.
In Race 1, Java and Infinity are to be scored the average of their points in all races sailed later in the series 62.1( a ), 64.2
4 Galan
MH409
Performance Spinnaker Div 1
Allsail An Challenge
SM2004
Performance Spinnaker Div 1
1 16:15 on
04/03/2017
  FACTS
1. Galan was sailing on starboard tack.
2. Allsail Another Challenge was sailing on port tack.
3. Galan and Allsail Another Challenge were approaching a finishing mark, downwind with Galan overlapped outside Allsail Another Challenge.
4. Allsail Another Challenge called for room at the mark.
5. Galan held course to finish close to the mark.
6. Allsail Another Challenge, the inside boat, was forced to hit the mark while trying to avoid Galan.

CONCLUSIONS
Galan failed to give Allsail Another Challenge mark-room at the finishing mark.
Galan is to be scored DSQ in Race 1

Allsail Another Challenge is exonerated for touching he finishing mark.
18.2( b ), 64.1( a ).
3 Ikon38
6231
Sydney 38
The Bolter
6190
Sydney 38
4 16:00 on
04/03/2017
  FACTS
1. Ikon was sailing close hauled on starboard tack.
2. The Bolter was sailing close hauled on port tack.
3. Ikon and The Bolter were sailing on a collision course.
4. Ikon hailed 'starboard'.
5. Ikon believing a collision to be imminent crash tacked.
6. No collision occurred.

CONCLUSIONS
The Bolter, a port tack boat failed to keep clear of Ikon a starboard tack boat.
The Bolter is to be scored DSQ in Race 4 10, Case 50, Definition: Keep Clear
2 Conspiracy
6138
Sydney 38
Rush
6071
Sydney 38
4 1530 on
04/03/2017
  FACTS
1. Conspiracy was sailing close hauled on starboard tack.
2. Rush was sailing close hauled on port tack.
3. Conspiracy and Rush were sailing on a collision course.
4. Conspiracy hailed 'starboard' a number of times.
5. Conspiracy crash tacked in an attempt to avoid contact.
6. A collision occurred.
7. Conspiracy and Rush retired from the race.and did not compete in race 5.

CONCLUSIONS
A. Rush , as a port tack boat, failed to keep clear of 6138, a starboard tack boat.

B. Conspiracy is entitled to redress in Races 4 and 5
As Rush retired from the race no further penalty can be applied.

Conspiracy is given redress being average points calculated in accordance with Appendix A 10( d ), in Races 4 and 5, .
10, 44.1, Definition: Keep Clear, Case 50, 62.1( a ), 64.1( b ), 64.2, A10.
1 Austral
M62
Sydney 38
Faster Forward
6155
Sydney 38
2 16:00 on
04/03/2017
Y FACTS


CONCLUSIONS
Faster Forward accepted a 20% Arbitration Penalty in accordance with Sydney 38 SI 16.2 and the Protest Committee allowed the protest to be withdrawn. SI 16.2, 63.1