Hearing #06
Flyswatter (Beneteau 40.7 - USA 51170) vs Bad Habits (Beneteau 40.7 - USA 51405)
Hearing Type: protest
Hearing Status: invalid
Initiated By: Mark Pirie
Respondent(s)
Bad Habits (Beneteau 40.7 - USA 51405)
Informed by hailing: No
Informed by displaying red flag: Yes
When: July 24 2024 7:58 cdt
Informed by other method: No
The Incident
When / Where: 43.43.38 and 086.50.37 determined bad habits was not transmitting
Description: Bad habits was not transmitting AIS as required by Beneteau 40.7 class rule (2019) 4.2.3 as published by Chicago Yacht Club 2023 one design rules
Rules Alleged Broken: 2019 Beneteau Class Rules as published by 2023 Chicago Yacht Club One Design Class Rules
Witnesses
- Patrick Huey
Validity
Objection To Jury: Yes
Incident Identified: Yes
Red Flag Displayed: Yes
Within Time Limit: Yes
Proper Hail: Yes
Is Valid: Yes
Procedural Matters
Protest failed validity, see below.
Facts Found
1. At the time of the incident, 51405 was not within hailing distance.
2. 51170 did not notify 51405 of her intent to protest at any time.
Conclusions
1. 51405 was beyond hailing distance and 51170 did not inform 51405 of the protest at the first reasonable opportunity, as required by RRS 61.1(a)(1).
2. Therefore, the requirements for a protest are not met.
Decision
1. The protest is invalid, the hearing is closed under RRS 63.5.
Reason
1. 51405 was beyond hailing distance and 51170 did not inform 51405 of the protest at the first reasonable opportunity, as required by RRS 61.1(a)(1).
2. Therefore, the requirements for a protest are not met.