Hearing #05
Technical Committee vs Mise En Place (Beneteau Oceanis 381 - USA 76)
Hearing Type: protest
Hearing Status: penalized
Initiated By: Michael Kaspar
Respondent(s)
Mise En Place (Beneteau Oceanis 381 - USA 76)
Informed by hailing: Yes
When: End of post race inspection after finish
Words used: You are being protested
Informed by displaying red flag: No
Informed by other method: Yes
When: Verbal on dock after post race inspection
Where / How: You are being protested
The Incident
When / Where: At the end of the post race inspection
Description: Upon post race inspection, items market NO on the 2023 Post Race Inspection form were missing. These are safety related requirements set forth in the CMSR - Monohulls, and are further recited in the 2023 Post Race Inspection Advisory - Setting Expectations notice posted to skippers and crew
Rules Alleged Broken: NOR 7 (d) 5
Witnesses
-
No witnesses
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
N/A
Facts Found
1. CMSR 5.6 states, “Engine – A boat shall have a mechanical propulsion system that is capable of starting...”
2. Sailing Instruction 1(b)(3) states, “... By way of example only, the requirement of CMSR 5.6 that “A boat shall have a mechanical propulsion system that is capable of starting . . .” means that the boat’s engine must be capable of starting after the boat has finished The Race and during any inspection.”
3. 76 was inspected after the race.
4. 76’s engine did not start upon inspection.
5. While racing, 76 attempted to manage charge with the alternator and found the voltage not going above 12 volts.
6. 76 believed the inability to charge was caused by a bad alternator and depleted house battery.
7. After switching to the reserve battery, the engine would not start.
8. 76 was not aware of an issue with the alternator prior to the start of the race.
9. The boat carried two AGM batteries one 2 years old and one 3 years old.
10. There was not any recent maintenance on the charging system.
11. 76 finished 8th of 9 finishers in her section.
Conclusions
1. 76 failed to adequately manage their power during the race.
2. 76’s engine was not capable of starting after she had finished, breaking CMSR 5.6 and Sailing Instruction 1(b)(3).
3. Using the CYCRTM Discretionary Penalty Guidance, this is a medium violation.
4. A starting penalty of 2 places in section (accomplished with a corrected time adjustment) was decided as a starting penalty.
5. There were no facts to justify increasing or decreasing the penalty.
Decision
1. 76’s corrected time shall be increased to 3:07:14:55.
Reason
1. 76 failed to adequately manage their power during the race.
2. 76’s engine was not capable of starting after she had finished, breaking CMSR 5.6 and Sailing Instruction 1(b)(3).
3. Using the CYCRTM Discretionary Penalty Guidance, this is a medium violation.
4. A starting penalty of 2 places in section (accomplished with a corrected time adjustment) was decided as a starting penalty.
5. There were no facts to justify increasing or decreasing the penalty.