Incident

Narwhal, 3130X and Alheilos 3153X on starboard gybe approaching the right hand leeward gate and then in the 3 boat length zone as we approached a windward boat, with right of way, Jiraffe 315X. 3153X ducked 315X to keep clear but did not give 3130X room to go behind 315X. 3130X had room to round the mark which they did not receive and did not receive room to duck 315X

Outcome

Procedural Matters

1. Akhelios requested more time to prepare and the hearing was delayed until 1700.
2. Paul Campbell James (representative of Akhelios) attended the hearing via online video call.
3. Jonathan Hewat (representative of Narwhal) attended the hearing in person.
4. Akhelios did not come to the hearing when the protest committee gave the decision.

Facts Found

1. Approaching mark 2S Narwhal was overlapped to windward of Akhelios with both boats on starboard.
2. Narwhal was forward of Akhelios with Akhelios’s kite overlapped with the stern of Narwhal.
3. Jiraffe had rounded mark 2S and was sailing close hauled on starboard.
4. Narwhal and Akhelios were on a collision course with Jiraffe.
5. Akhelios was aiming for midships on Jiraffe and Jiraffe was aiming bow to bow with Narwhal.
6. When Akhelios was 2BL from Jiraffe, she bears away quickly and gybed onto port, dropping her spinnaker in the process.
7. When Akhelios gybed, Narwhal was 1BL from Jiraffe.
8. Narwhal luffed and passed ahead of Jiraffe.

Conclusions

1. Jiraffe to leeward of Narhwal and Akhelios was a right of way boat and therefore an obstruction to both boats.
2. As the right of way boat, Akhelios was entitled to choose which side to leave the obstruction.
3. When Akhelios gybed she chose to leave the obstruction to her starboard side and was therefore the outside boat.
4. When Akhelios gybed she gave the inside boat, room to pass the obstruction.
5. No rule was broken.

Applicable Rules: 19.2(a) & 19.2(b)

Decision

The Protest is dismissed.