Validity

Objection To Jury: Yes

Incident Identified: Yes

Red Flag Displayed: Yes

Within Time Limit: Yes

Proper Hail: Yes

Is Valid: Yes

Procedural Matters

1. 61232 did not come to the hearing, the hearing proceeded in accordance with RRS 63.3(b).

2. 61232 did not come to the hearing when the protest committee gave the decision.

3. Ron White represented the Technical Committee as a witness.

4. Ron White consulted the issuing authority of the ORC certificate, Jim Teeters.

5. Lloyd Karzen, the certified ORC Measurer who measured the boat was a witness.

Facts Found

1. An SMS message was sent to protestor at 1707 that the hearing was scheduled for 1800.

2. A Voicemail was left with protestor at 1705 that the hearing was scheduled for 1800.

3. An email was sent at 1713 that the hearing was scheduled for 1800.

4. The hearings Notice board listed the hearing was scheduled for 1800 at 1707.

5. 1173’s certificate US1173 reference 04560002PV7 issued on 7-7-23 contains Cruiser/Racer designation.

6. IMS Appendix 1 – Cruiser/Racer Regulations applies to boats with a cruiser/racer credit.

7. IMS rule 201 states, “Accommodation Areas. The interior of the yacht should include: living area with table and settee, sleeping area(s), galley area, navigation area and a separate enclosed compartment for toilet/wash basin, accessible through a rigid door. Living areas and sleeping areas should be separated by means of rigid bulkheads or partitions.”

8. 1173 declared that they would be sailing without the main table or forward cabin door during their ORC measurement.

9. The boat’s ORC measurer testified that 1173 was measured for ORC with the same equipment that was used during the race, which included:

a. No main table installed.
b. No forward cabin door.
c. No other equipment was modified.

10. The boat’s ORC measurer testified that he submitted the measurement information to the rating authority indicating the table and forward door were not installed at the time of measurement and he considered that to be normal.

11. The ORC office issued a certificate Cruiser/Racer designation.

Conclusions

1. The rating authority improperly issued a Cruiser/Racer designation to 1173.

2. 1173 presented a current, properly authenticated certificate in good faith and complied with RRS 78.1 by sailing with the equipment presented at the time of measurement. – Case 57

Decision

1. No score shall change. – Case 57

2. The protest is dismissed.

3. 1173 is notified that their configuration is not in compliance with the requirements of Cruiser/Racer designation on their certificate.

Reason

1. The rating authority improperly issued a Cruiser/Racer designation to 1173.

2. 1173 presented a current, properly authenticated certificate in good faith and complied with RRS 78.1 by sailing with the equipment presented at the time of measurement. – Case 57