Rule 19.2(b), Room to Pass an Obstruction:
Giving Room at an Obstruction Rule 63.3, Hearings: Right to be Present Rule 64.1(c), Decisions: Penalties and Exoneration
When two protests arise from the same incident, or from very closely connected
incidents, it is advisable to hear them together in the presence of all the
boats involved.
Summary of the Facts
In a moderate to rough sea and a fresh breeze, S, close-hauled on starboard
tack on her proper course, converged with PW and PL, overlapped and
broad reaching on port tack on a different leg of the course. The rigging
of PW and S touched, in spite of S luffing sharply in an attempt to
avoid a collision, but there was no damage or injury. Two protests arose
from this one incident and were heard separately. In the first protest,
S v PW, the latter was disqualified under rule 10. The facts found in
that hearing did not mention PL. During the hearing of the second protest,
PW v PL, PL stated that she knew that S was converging with PW and PL,
that PW would be likely to need room from PL to avoid a possibly serious
collision, and that the situation was developing rapidly. PL was disqualified
under rule 19.2(b) for not giving PW room between her and S, an obstruction.
PW appealed the decision of the protest committee disqualifying her
for breaking rule 10.
Decision
In cases of this kind, the two protests should be heard together in
the presence of representatives of all the boats involved. This ensures
that all of them hear all of the testimony given to the protest committee
about the incident, as required by rule 63.3. Had this procedure been
followed, the protest committee would have learned that the collision
between PW and S arose from the inability of PW to bear away because
PL did not give her room to do so, and, as provided in rule 64.1(c),
PW would have been exonerated from her breach of rule 10.
PW’s appeal is upheld, and she is to be exonerated from her breach
of rule 10 and reinstated. The protest committee’s decision to
disqualify PL for breaking rule 19.2(b) was correct.