The Protest Room................This section will inform club members
of the results of recent protests that have been filed and heard. It is here not
to point fingers at the guilty parties but to educate all of us as to how our
game is played and that the rules are in place to keep the playing field on an
even keel.
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The following protest was heard on August 26, 2004:
Boat A, filed a protest against Boat B, based on a collision that occurred in
the race on August 18, 2004 in which A sustained serious damage. Both
skippers were in agreement with the facts leading up to and surrounding the
collision which are summarized below.
A approached the leeward mark of the course in a position in which it
was entitled to buoy room at the mark from B. B was
overlapped outside A as the two boats entered the two boat length circle
and as they initially began to round the mark. As A rounded the mark,
B fell clear astern of A. When A was a short distance
beyond the mark, B turned to port to try to head behind A,
between A and the mark. As B turned, the end of her sprit
pole, which was still in the fully-extended position, caught the backstay of A. This caused
A to be spun around resulting in further collision
and damage, including the dismasting A. At the time of the collision
and during the relevant portions leading up to it, both boats were on port tack.
Both boats withdrew from the race after the collision.
After hearing from the parties, the protest committee allowed the protest,
finding accidental violations of Rules 12 (a boat clear astern shall keep clear
of a boat clear ahead) and 18.2 (giving room at a mark). B was
disqualified from the race.
By the Protest Committee August 26, 2004
Tris Coffin
Jeff Hill (by consent of the parties)
Tom Moody
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The following protest was heard following the Schuyler Island Race on June 26, 2004
Protest No. 2004-02: Schuyler Island Spinnaker Division
A protest was filed by a competitor in the Spinnaker Division of the 2004 Schuyler Island Race challenging the method used by the race committee to shorten the course and finish the race for the spinnaker fleet. A protest hearing was conducted on June 30, 2004 at LCYC. After the hearing, the protest committee upheld the protest and decided that the race for the Spinnaker Division of the Schuyler Island Race should be abandoned. The facts were undisputed that the race committee, in an attempt to complete the race in faltering breeze, shortened the course by establishing a finish line between the committee boat and Schuyler Island after one or more boats in the Spinnaker Division had clearly rounded that mark. Rule 17.0 of the 2004 LCYC General Sailing Instructions provides that "[the Race Committee may shorten the course at any time, at any mark, including the first mark, prior to the rounding of that mark by the first boat of any class." The Schuyler Island Race Committee's method for shortening the course therefore ran afoul of Rule 17 of the sailing instructions.
The protest committee considered various forms of redress for this improper action by the race committee. Based on all the circumstances, including that a boat well in the lead of the race was materially prejudiced by the timing and manner in which the course was shortened, the protest committee decided that the fairest alternative was to abandon the race for the Spinnaker Division. See USAF Rules 32.1, 62, 64.2.
By the Protest Committee: Tris Coffin Bob Turnau
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The following protest was heard following the race on August 13,2003
Facts found: two Etchells were approaching each other on a windward leg, at approximately the same speed, one on starboard, one other on port. Winds were under five knots. If they had continued their courses, the starboard-tack boat would have cleared the port-tack boat, with neither altering course. As the starboard-tack boat was crossing or about to cross, the starboard-tack boat tacked onto port. The port-tack boat said it had to alter course while the starboard-tack boat was completing its tack. On the other hand, the starboard-tack boat said it had completed its course with at least eight feet of space between the two boats. The starboard tack boat had a witness (a crew member) who said that they had completed their tack prior to when the port-tack boat altered course.
Conclusion: the question for the Protest Committee was whether or not the starboard tack boat had violated Rule 16 (Changing Course) and Rule 13 (While Tacking). Since testimonies received were contradictory, the Committee was unable to come to a positive conclusion about whether or not the starboard-tack boat had completed its tack before the port-tack boat had to alter course. A witness aboard the port-tack boat or from a nearby boat would have considerably strengthened the port-tack boat’s allegations. The protest was disallowed.
Protest Committee: Dave Powlison, Jeff Hill, Tris Coffin
The following protest was heard on July 2, 2003
Two boats of identical size were sailing to windward on opposite tacks in
approximately 10 knots of wind. The starboard tack boat hailed to the port tack
boat to keep clear. When approximately one boat length from the port tack boat,
the starboard tack boat tacked onto port tack to leeward of the starboard tack
boat to avoid a collision. Thereafter, the crew on the formerly starboard tack
boat hailed for the port tacker to do a 720 degree turn and a crew member
promptly held up a protest flag and continued to physically display it off and
on for the next few minutes. The flag was fixed to the protesting boat's
backstay five to ten minutes later. Although there was conflicting evidence, the
protest committee found that the protesting boat also hailed using the mandatory
word "protest" as required by Rule 61.1.
The port tack boat heard the request to do a 720, but did not hear the starboard tack boat say it was planning to protest or hear the word "protest." It did not see a red protest flag displayed until the next leg (some ten to fifteen minutes after the encounter) and believed that the flag displayed at that time was related to a different encounter by the starboard tack boat with a third boat. When the port tack boat approached the finish, two legs later, it inquired of the committee boat whether the starboard tack boat had protested it. When the race committee responded in the affirmative, the port tack boat promptly did a 720 degree penalty turn. The starboard tack boat pursued the protest.
The protest committee allowed the protest. First, based on the evidence presented, it found the starboard tack boat had complied with the requirements of Rule 61.1 by informing the other boat that it intended to protest and conspicuously displaying a red flag. The committee expressed the view that it was close to disallowing the protest on the basis that the intent to protest by using the mandatory term "protest" was not stated with adequate clarity and the protest flag was not displayed in a conspicuous enough manner. Second, the committee found by testimony of witnesses that the port tack boat had not kept clear of the starboard tack boat and had thus violated Rule 10. Third, the committee found that the later 720 degree turn -- while an act of good sportsmanship in keeping with the spirit of the Wednesday night series and LCYC racing in general - did not exonerate the port tack boat. Rule 44.2 requires the penalty turns to be made "as soon after the incident as possible." The timing of the penalty turns is linked to "an incident" in which a yacht "may have broken a rule." See Rule 44.1, 44.2. It is not precipitated by the time a boat is informed a protest is being filed.
Protest allowed.
Protest Committee:
Tris Coffin
Gene Cloutier
The following protests were heard at LCYC on 6/18/03.
Protest 1: Two boats of identical size were converging while beating to windward, one on starboard, the other on port. The starboard-tack boat claimed it had to bear off to avoid a collision. The port-tack boat argued that the starboard-tack boat did not bear off. The committee concluded that the starboard tack boat did bear off to keep clear, based on convincing details the starboard boat provided about relative distances, timing and sight lines. The protest was upheld, and the port-tack boat was disqualified.
Protest 2: Two boats of identical size were converging in very light wind, in close proximity to the finish line. The wind was dying and unsteady in direction, and as a result, the protest would appear to have hinged on who was on starboard tack at what point, even though the boats were pointing in approximately the same direction. However, the protesting boat did not inform the boat being protested (Rule 61.1). Specifically, the protesting boat must hail the word “Protest”, which the rule requires. No protest flag was flown either. 61.1 requires a flag to be flown at the “first reasonable opportunity,” which most committees interpret as immediately. The protest was disallowed.
LCYC Protest Committee
Dave
Powlison, chair
Jeff Hill
Steve Landau