Hearing #03
Solution (Farr 40 1D MH - USA 40025) vs Sufficient Reason (Swan 42 - USA 4215)
Hearing Type: protest
Hearing Status: invalid
Initiated By: William Francis
Respondent(s)
Sufficient Reason (Swan 42 - USA 4215)
Informed by hailing: No
Informed by displaying red flag: Yes
When: immediately upon observing rule infraction
Informed by other method: No
The Incident
When / Where: The incident occurred between 520 and 6am on Monday July 24th 2023 north of Grays Reef Passage
Description: Sufficient Reason was visually and via GPS/AIS tracking observed to round Buoy #1 instead of the required New Shoal Lighted Bell Buoy #3 (2023-LL No. 17745) to starboard as listed in Section 11, Course and Marks.
Rules Alleged Broken: Failed to follow the Sailing Instructions requirement for specific Race Course and Marks.
Witnesses
- Scott Slanec
Files
-
No files uploaded
Validity
Objection To Jury: Yes
Incident Identified: Yes
Red Flag Displayed: Yes
Within Time Limit: Yes
Proper Hail: Yes
Is Valid: Yes
Procedural Matters
Incident was improperly described. PC would have allowed an edit if it had been valid.
Facts Found
- USA 40025 alleged that USA 4215 did not sail the course as required by the SIs and SI Amendment #1.
- USA 40025 did not inform USA 4215 of her intention to protest before or after finishing.
Conclusions
1. USA 40025 failed to inform USA 4215 of the protest alleging failure to sail the course, before or at the first reasonable opportunity after USA 40025 finished, as required by RRS 61.1(a)(3).
Decision
Protest is Invalid
Reason
USA 40025 failed to inform USA 4215 of the protest alleging failure to sail the course, before or at the first reasonable opportunity after USA 40025 finished, as required by RRS 61.1(a)(3).