Incident

Stuck on the top mark having tacked onto port to avoid collision and serious damage we were stationary for 30 seconds. head to wind , no steerage after incident 1. T boned by black seal who were coming in on starboard lay. we could not do anything to avoid the collision. severe damage to us. we dont believe black did anything to avoid. other boats ahead of Black Seal tacked to avoid.

Outcome

Procedural Matters

Katabatic was represented by Nick Egnot-Johnson. Black Seal was represented by Alistair Young. Jiraffe, having acknowledged breaking a rule and taken the appropriate penalty, was not represented. During the hearing the protest committee clarified in accordance with RRS 63.2(c) that the hearing request was not only a protest but also a request for redress, and proceeded with it accordingly. The protest committee chair declared he had witnessed and filmed the entire incident.

Facts Found

1. The wind at the time of the incident was 15 kts with 70 cm waves.
2. Katabatic entered the Mark 1 zone in Race 9 on port tack one and a half hull lengths below the port tack layline.
3. Jiraffe, one hull length ahead of Katabatic and on a track one hull length to leeward of Katabatic’s track, was on a collision course with a starboard tack boat (Bow 23), and tacked onto a collision course with Katabatic.
4. Before Jiraffe reached a close-hauled course, Katabatic avoided contact with Jiraffe by 'crash-tacking' onto a collision course with Mark 1.
5. Katabatic then luffed but lost way, and stopped just past head to wind, with the mark against her port side.
6. Black Seal 2 entered the zone close hauled on the starboard layline, and collided with the stationary Katabatic, forcing Katabatic back onto starboard tack.
7. Black Seal 2's bowsprit punched a hole through the starboard side of Katabatic’s hull amidships, midway between the upper and lower chines.
8. The two boats remained locked together for more than five minutes.
9. Both Katabatic and Black Seal 2 retired,
10. Jiraffe took a two turn penalty and completed the race.

Conclusions

1. After passing head to wind and before reaching a close-hauled course, Jiraffe failed to keep clear of Katabatic, breaking RRS 13.
2. Katabatic touched Mark 1 and broke RRS 31.
3. After passing head to wind and before reaching a close-hauled course on port tack, Katabatic failed to keep clear of Black Seal, breaking RRS 10 and 13.
4. Since Katabatic was compelled to break RRS 10, 13 and 31 as a consequence of Jiraffe breaking RRS 13, she is exonerated under RRS 43.1(a) for these breaches.
5. Black Seal did not avoid contact with Katabatic, even though it was reasonably possible, and broke RRS 14(a).
6. The damage to Katabatic was serious, and she was unable to continue racing safely.
7. Katabatic’s score was made significantly worse through no fault of her own by physical damage caused by the action of Black Seal 2 breaking RRS 14. Therefore the requirements for redress in RRS 61.4(b)(2) are met.

Full Decision:

1. The protest is upheld. Since Black Seal 2 took an applicable penalty, in terms of RRS 60.5(c)(2) she is not further penalised.
2. Since Jiraffe took an applicable penalty, in terms of RRS 60.5(c)(2) she is not further penalised.
3. Redress is given to Katabatic. She is to be scored in Race 9 points equal to the average, rounded to the nearest tenth of a point (0.05 to be rounded upward), of her points in races 1 to 8.

Decision

Katabatic is given redress of average points in race 9. Jiraffe and Black Seal 2 both took appropriate penalties and are not further penalised.