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  Protest Hearing Decisions


Zhik 29er Class World Championship 2017
July 29 - August 5, 2017


Class: Committee | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
1 3 Sail#: JUDGE
Boat:
Class: Committee
Sail#: CAN655
Boat:
Class: 29er
41 Jul 31, 20:55
Judges witnessed 655 receiving outside help from the preliminary signal to about 20 seconds before the start.
Protest Withdrawn. The Jury observed CAN 655 rafted alongside a coach boat from the preparatory signal to about 20 seconds before the start of race 3. CAN 655 finished the race and was protested by the Jury for RRS 41 Outside Help. CAN 655 subsequently retired. The Jury requested to withdraw the protest. Withdrawal allowed.
POSTED:  Jul 31, 22:03
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
2 2 Sail#: 17
Boat:
Class: 29er
Sail#: NZL2388
Boat:
Class: 29er
10; 18.2.b Jul 31, 21:03
FACTS FOUND Diagram: Diagram not endorsed
ESP 17 Agrees to Withdraw. Accepted by Arbitrator.
POSTED:  Aug 5, 13:31
Class: Committee | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
3 1 Sail#: RC
Boat:
Class: Committee
Sail#: NZL2388
Boat:
Class: 29er
Barry Johnson - Class Measurer Class rules Jul 31, 21:10
The Class Measurer witnessed ESP 17 and NZL 2388 in the boat park (beach area) with two tiller extensions attached to tiller.The tillers were modified to allow attaching two tiller extensions.
ESP 17 and NZL 2388 are to be scored DSQ for races 1, 2 and 3 under RRS 64.3(c).
POSTED:  Jul 31, 22:19
Class: Committee | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
4 1 Sail#: PC
Boat:
Class: Committee
Sail#: 17
Boat:
Class: 29er
Barry Johnson - Class Measurer class rules Jul 31, 21:20
FACTS FOUND The ClassmMeasurer witnessed ESP 17 and NZL 2388 in the boat park (beach area) with two tiller extensions attached to tiller. The tillers were modified to allow attaching two tiller extensions. Diagram: Diagram not endorsed CONCLUSIONS AND RULES THAT APPLY Class Rules do not allow boats to attach two tiller extensions to the tiller at the same time. The tillers on both boats were modified to allow attaching two tiller extensions in violation of class rules: Introduction and A10.1
- Protest Withdrawn Date and Time: 2017/07/31 18:46 PDT Following an Arbitration Meeting, USA 821 took a Post-Race Scoring Penalty under T1 (b)
POSTED:  Aug 5, 13:35
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
5 2 Sail#: HKG2678
Boat: chiken wing
Class: 29er
Sail#: USA2402
Boat:
Class: 29er
10 Jul 31, 21:24
RULES THAT APPLY: 10, 14FACTS FOUND After a postponement of race 2, 2678 was on starboard close hauled sailing up the course. 2402 was on port tack on a collision course with 2678. 2402 had limited speed and manueverability because of damage to her rudder. 2578 attempted to avoid the collision, but 2678 and 2402 collided on the aft port quarter of 2678. 2402 retired from race 2. 2678 sustained damage such that the hull was sealed with tape before race 2, but the tape came off during race 2. 2678 again taped the damage before race 3, but the tape came off again in race 3 and she had "5 bowls of water" in it by the end of race 3. The water intrusion in the hull of 2678 significantly affected her performance. Diagram: Diagram not endorsed CONCLUSIONS AND RULES THAT APPLY 2402 failed to keep clear of 2678 and broke RRS 10. 2402 failed to avoid contact with 2678 and broke RRS 14. 2678 sustained damage from the collision such that her score was significantly made worse through no fault of her own in race 3.
- Protest Upheld Date and Time: 2017/07/31 19:11 PDT 2402 shall not be penalized further as she retired. 2678 is granted redress as per RRS A10(b).
POSTED:  Aug 5, 13:37
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
6 1 Sail#: USA2403
Boat:
Class: 29er
Sail#: USA821
Boat:
Class: 29er
10 Aug 1, 10:52
Diagram: Diagram not endorsed
Protest Withdrawn following an Arbitration Meeting. Took a Post-Race Penalty under T1(b)
POSTED:  Aug 5, 13:42
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
7 2 Sail#: USA1413
Boat:
Class: 29er
Sail#: HKG2678
Boat: chiken wing
Class: 29er
10 Aug 1, 11:09
Diagram: Diagram not endorsed
Protest Withdrawn. Duplicate of Protest 5.
POSTED:  Aug 5, 13:47
Class: | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
8 1 Sail#: NZL2388
Boat:
Class: 29er
Sail#: 17
Boat:
Class: 29er
Barry Johnson - Jon Popadopolis 2017 class rules Aug 1, 12:45
The measurer incorrectly concluded that using two tiller extensions was improperFACTS FOUND The measurer in checking his conclusion yesterday reviewed the origins of the 29er Class rules. The 29er Class Rules originated borrowing from the 49er Class Rules. The measurer determined that the intention of the original class rules allowed for twin tiller extensions and that he was incorrect in his conclusion of yesterday. Diagram: Diagram not endorsed
Reopening is allowed. NZL 2388 and ESP 17 are to be reinstated in their finishing positions for races 1 through 3.
POSTED:  Aug 5, 13:53
Class: Committee | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
9 5 Sail#: PC
Boat:
Class: Committee
Sail#: USA1844
Boat:
Class: 29er
International Jury 31 Aug 1, 19:30
USA 1844 tacked to round the mark and made contact with the mark along her port side. No penalty turn was observed.FACTS FOUND 1. The hearing proceded without the protestee under RRS 63.3(b). 2. 1844 approached the windward mark on port tack, tacked to starboard to leeward of another boat and within 5 meters of the mark. 3. 1844 hit the windward mark, catching the mark on her port wing, contact was lengthy and obvious and moved the mark. 4. 1844 failed to take a penalty turn after hitting the mark. 5, 1844 retired from the race after this protest was filed by the jury and posted. Diagram: Diagram not endorsed CONCLUSIONS AND RULES THAT APPLY 1844 knowingly broke RRS 31 and knowing did not take the appropriate penatly until the protest had been filed therefore breaking RRS 2.
Protest Upheld Date and Time: 2017/08/01 19:44 PDT 1844 shall be scored DNE for race 5.
POSTED:  Aug 5, 13:56
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
10 8 Sail#: USA216
Boat: Plugs
Class: 29er
Sail#: CAN2004
Boat:
Class: 29er
12, 18.2 Aug 2, 21:45
Diagram: Diagram not endorsed
- Protest Withdrawn
POSTED:  Aug 5, 13:58
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
11 7 Sail#: AUS1935
Boat: TBC
Class: 29er
Sail#: ARG2568
Boat:
Class: 29er
CAN 2596 18.3 Aug 2, 21:56
Diagram: Diagram not endorsed
- Protest Withdrawn Date and Time: 2017/08/02 18:47 PDT Following an Arbitration Meeting, ARG 2568 took a Post-Race Scoring Penalty under T1 (b)
POSTED:  Aug 5, 14:00
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
13 7 Sail#: NZL2398
Boat: Green Machine
Class: 29er
Sail#: 17
Boat:
Class: 29er
2390 18.2(b) Aug 2, 22:01
Diagram: Diagram not endorsed
- Protest Withdrawn
POSTED:  Aug 5, 14:07
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
12 6 Sail#: NZL2393
Boat: 2393
Class: 29er
Sail#: USA2635
Boat:
Class: 29er
18.2 (b) Aug 2, 22:25
Tracker information was viewed to establish relative positioning of boats in the vicinity of the incident. Boats were approaching the leeward mark to be rounded to port at the end of leg 4. USA 2635 on port tack, entered the zone inside and overlapped with NZL 2393, also on port. Both boats rounded the mark. Diagram: Diagram not endorsed CONCLUSIONS AND RULES THAT APPLY No rule broken.
DISMISSED
POSTED:  Aug 5, 14:05
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
14 3 Sail#: AUS2684
Boat: Crocodile JD
Class: 29er
Sail#: NZL2687
Boat: Bullet
Class: 29er
jury boat #4 port/starboard Aug 3, 20:21
FACTS FOUND The skipper sustained injury as a result of the incident. The protest is valid as per 61.1(4) Boats were sailing downwind on leg 2 to the gate. NZL2687 was on port tack converging with AUS2684 on starboard tack. AUS2684 crash-gybed in an attempt to avoid contact but was unable to do so. NZL2687 retired from the race. AUS2684 was unable to continue racing as a result of the incident. Diagram: Diagram not endorsed CONCLUSIONS AND RULES THAT APPLY NZL2687 failed to keep clear of AUS2684 and broke rule 10 and rule 14 AUS2684 did not break rule 14 as it was not reasonably possible for AUS2684 to avoid contact. NZL2687 has taken an applicable penalty and shall not be further penalised as per rule 64.1(b) AUS2687 is entitled to redress as per rule 62.1(b).
- Redress Granted Date and Time: 2017/08/03 17:45 PDT For race 3, AUS2687 is to be scored points equal to the average, to the nearest tenth of a point (0.05 to be rounded upward) of her points in races 2 & 4.
POSTED:  Aug 5, 14:13
Class: Committee | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
15 2 Sail#: PC
Boat:
Class: Committee
Sail#: CAN246
Boat:
Class: 29er
Jury 10, 31 Aug 3, 20:30
FACTS FOUND The skipper sustained injury as a result of the incident. The protest is valid as per 61.1(4) Boats were sailing downwind on leg 2 to the gate. NZL2687 was on port tack converging with AUS2684 on starboard tack. AUS2684 crash-gybed in an attempt to avoid contact but was unable to do so. NZL2687 retired from the race. AUS2684 was unable to continue racing as a result of the incident. Diagram: Diagram not endorsed CONCLUSIONS AND RULES THAT APPLY NZL2687 failed to keep clear of AUS2684 and broke rule 10 and rule 14 AUS2684 did not break rule 14 as it was not reasonably possible for AUS2684 to avoid contact. NZL2687 has taken an applicable penalty and shall not be further penalised as per rule 64.1(b) AUS2687 is entitled to redress as per rule 62.1(b).
Protest Upheld Date and Time: 2017/08/03 18:06 PDT CAN246 is to be disqualified from race 2.
POSTED:  Aug 5, 14:16
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
16 2 Sail#: USA1995
Boat: N/A
Class: 29er
Sail#: CAN2598
Boat: Ross Thompson
Class: 29er
1257, G.Dunlevy, Jury boat 11 Aug 3, 20:34
FACTS FOUND The skipper sustained injury as a result of the incident. The protest is valid as per 61.1(4) Boats were sailing downwind on leg 2 to the gate. NZL2687 was on port tack converging with AUS2684 on starboard tack. AUS2684 crash-gybed in an attempt to avoid contact but was unable to do so. NZL2687 retired from the race. AUS2684 was unable to continue racing as a result of the incident. Diagram: Diagram not endorsed CONCLUSIONS AND RULES THAT APPLY NZL2687 failed to keep clear of AUS2684 and broke rule 10 and rule 14 AUS2684 did not break rule 14 as it was not reasonably possible for AUS2684 to avoid contact. NZL2687 has taken an applicable penalty and shall not be further penalised as per rule 64.1(b) AUS2687 is entitled to redress as per rule 62.1(b).
Protest Withdrawn Date and Time: 2017/08/03 17:52 PD
POSTED:  Aug 5, 14:20
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
22 7 Sail#: NZL2395
Boat: n/a
Class: 29er
Sail#: 2623
Boat: FLORETA
Class: 29er
18.2 Aug 4, 20:11
FACTS FOUND Diagram: Diagram not endorsed
- Protest Withdrawn Date and Time: 2017/08/04 17:18 PDT ESP 2623 agreed to a 30% after race scoring penalty after arbitration.
POSTED:  Aug 5, 13:23
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
23 7 Sail#: 2225
Boat:
Class: 29er
Sail#: HKG2678
Boat: chiken wing
Class: 29er
GBR 2337 17, 64, 2 Aug 4, 20:30
FACTS FOUND Diagram: Diagram not endorsed
- Protest Withdrawn Date and Time: 2017/08/04 17:39 PDT HKG 2678 agreed to a 30% after race scoring penalty after arbitration.
POSTED:  Aug 5, 13:24
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
17 6 Sail#: AUS2679
Boat: TBC
Class: 29er
Sail#: 777
Boat:
Class: 29er
14 Aug 4, 20:35
FACTS FOUND GBR777 did not come to the hearing. The hearing proceeded as per rule 63.3(b). On leg 2, boats were sailing down wind. AUS2679 was on starboard converging with GBR777 on port. AUS2679 luffed to avoid GBR777. There was no contact. No boat took a penalty turn. Diagram: Diagram not endorsed CONCLUSIONS AND RULES THAT APPLY GBR777 failed to keep clear of AUS2679 and broke rule 10.
- Protest Upheld Date and Time: 2017/08/04 19:18 PDT GBR777 is to be disaqualified from race 7.
POSTED:  Aug 5, 13:15
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
24 8 Sail#: BRA2013
Boat:
Class: 29er
Sail#: USA2251
Boat: yellow lime
Class: 29er
16.1 Aug 4, 20:40
FACTS FOUND USA2251 did not come to the hearing. The hearing proceeded as per rule 63.3(b). After racing BRA2013 and USA2251 were returning from the racing area, sailing with spinnakers in the Alamitos Bay channel back to shore. Both boats were on starboard with USA2251 overlapped to windward. USA2251 capsized and her mast pierced and tore the main sail of BRA2013. Diagram: Diagram not endorsed CONCLUSIONS AND RULES THAT APPLY USA2251 failed to keep clear of BRA2013 and broke rule 11 and 14 causing serious damage. BRA2013 did not break rule 14 as it was not resonably possible for her to avoid contact.
- Protest Upheld Date and Time: 2017/08/04 19:18 PDT GBR777 is to be disaqualified from race 7.
POSTED:  Aug 5, 13:25
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
19 6 Sail#: USA2600
Boat:
Class: 29er
Sail#: USA2454
Boat:
Class: 29er
USA 2311 10 Aug 4, 20:45
See Protest numer 20
Protest Dismissed.
POSTED:  Aug 5, 13:11
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
20 6 Sail#: USA2311
Boat:
Class: 29er
Sail#: USA2600
Boat:
Class: 29er
2590 10 Aug 4, 20:50
FACTS FOUND Video evidence filmed aboard the Race Committee Vessel was viewed. Black flag was displayed at the preparatory signal. At the pin end of the line, USA2600 to leeward of USA2311 to leeward of USA2590 were on starboard tack slowly approaching the line to start. About 10 seconds before the start, USA2454 was on port tack converging with USA2600. USA2454 tacked under USA2600 and soon after luffed quickly in an attempt to clear the mark. USA2600 quickly luffed in response. There was no contact. USA2311 held course and then luffed to avoid USA2600 but contact occured between the boats. USA2590 luffed in response to USA2311 but contact occured between the boats. USA2454 tangled with the anchorline of the pin-end Race Committee Vessel. USA2600, USA2311 and USA2590 were scored BFD. USA2600, USA2311 and USA2590 did not return to the pre-start side of the start line to start. No boat took a penalty turn. Diagram: Diagram not endorsed
CONCLUSIONS AND RULES THAT APPLY Upon completing her tack, USA2454 was required by rule 15 to initially give room to USA2600 to keep clear as required by rule 11 and did so. USA2600 was required by rule 16.1 to give room to USA2311 to keep clear as required by rule 11 and did so. USA2311 failed to keep clear of USA2600 and broke rules 11 and 14. USA2600 did not break rule 14 as it was not reasonably possible for her to avoid contact. USA2311 was required by rule 16.1 to give room to USA2590 to keep clear as required by rule 11 and did not do so. USA2311 broke rule 16.1 and 14. USA2590 was required to keep clear of USA2311 and broke rule 11, but was compelled to do so and is exonerated under rule 64.1(a). USA2590 did not break rule 14 as it was not reasonably possible for her to avoid contact. USA2600, USA2311 and USA2590 are not given redress as they did not start correctly. Refer WS Case 140. As USA2311 was scored BFD, no further penalty applies as per rule 64.1(b). DECISION - Protest Dismissed
POSTED:  Aug 5, 13:07
Class: 29er | Committee
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
21 6 Sail#: HKG2612
Boat: Shaneequa
Class: 29er
Sail#: REDRESS
Boat:
Class: Committee
42 Aug 4, 21:01
FACTS FOUND Ben Fels, a member of the jury witnessed the incident and advised the parties and gave evidence as per rule 63.6. 'O' flag was displayed before the warning signal of the race. 'R' flag was displayed with sound signals at the weather mark as boats on leg 3 approached and rounded the mark. On leg 5, HKG2612 was penalised by the on-water jury for pumping on a very congested leg. HKG2612 finished the race and then retired on the water to comply with rule P2.2, and then approached the jury that signalled the penalty. HKG2612 questioned the jury as to what the penalty was for. The jury advised the penalty was for pumping. HKG2612 denied they were pumping and asked the jury to identify their spinnaker colour. The jury confirmed their spinnaker colour was blue. HKG2612 again denied pumping. HKG2612 at no time directed the on-water jury's attention to the 'O' flag on the Race Committee Vessel. During the hearing HKG2612 testified that they did see the 'O' flag displayed on the Race Committee Vessel. The jury does not accept the testimony of HKG2612 on this point. Diagram: Diagram not endorsed CONCLUSIONS AND RULES THAT APPLY HKG2612 broke rule 2 when she testified that she had seen 'O' flag displayed on the Race Committee Vessel.
- Redress Denied Date and Time: 2017/08/04 19:00 PDT HKG2612 is to be scored DNE for race 7.
POSTED:  Aug 5, 13:21
Class: 29er | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
18 6 Sail#: USA2590
Boat:
Class: 29er
Sail#: USA2311
Boat:
Class: 29er
USA 2600 16.1 Aug 5, 11:33
See Protest number 19
Protest Dismissed
POSTED:  Aug 5, 13:09
Class: 29er | Committee
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
25 1 Sail#: USA2251
Boat: yellow lime
Class: 29er
Sail#: REOPENING
Boat:
Class: Committee
11 Aug 5, 13:40
FACTS FOUND USA2251 asked for a reopening of hearing #24. USA2251 had no significant new evidence that became available within a reasonable time. Diagram: Diagram not endorsed CONCLUSIONS AND RULES THAT APPLY Reopening is not allowed.
Request dismissed.
POSTED:  Aug 5, 14:47
Class: Committee | 29er
No. Race Protestor Protestee Witness(es) Rule(s) Time of Hearing Notes/Results
26 11 Sail#: RC
Boat:
Class: Committee
Sail#: 23
Boat: Harry
Class: 29er
PRO Mark Townsend 1.1 Aug 5, 19:05
FACTS FOUND The parties did not come to the hearing. The hearing proceeded as per rule 63.3(b) The skipper of IRL23 assisted with a medical emergency during race 11. Diagram: Diagram not endorsed CONCLUSIONS AND RULES THAT APPLY IRL23 complied with rule 1.1 IRL23 is entitled to redress under 62.1(c).
- Redress Granted Date and Time: 2017/08/05 16:09 PDT IRL23 is to be scored points, equal to the average, to the nearest tenth of a point (0.05 to be rounded upward), of her points in races 2-10 of the final series.
POSTED:  Aug 5, 20:12


 
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