Hearing #08

Hearing #08

Joshua Milberg vs Race Committee

Hearing Type: Redress
Status: Denied
Location: TBD
Date/Time: Jul 25, 2023 - 10:30am CDT
Initiated By: Joshua Milberg

Respondent(s)


The Incident

When / Where:

Description: A crew medical emergency required us to use our motor to navigate in the direction of Charlevoix. The crew member and his son were transferred to the coast guard boat. We then returned to the position where we were informed by the coast guard that they recommended emergency medical attention and turned on our engine. Upon returning to that location, we resumed the race.

Rules Alleged Broken:

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. On July 24, 2023, 709 had an ill crew member and notified the RC and the USCG.

2. 709 stopped racing and followed the directions of the USCG to maneuver towards Charlevoix.

3. A USCG vessel met them and the ill crew member and his son were removed from the boat to the USCG vessel.

4. 709 then returned to the point where they had stopped racing and resumed racing without the ill crewmember and son after 1 hour and 46 minutes of time had elapsed.

Conclusions

1. 709 received assistance from the USCG as allowed by RRS 41(a).

2. 709 resumed racing without the ill crewmember and his son as allowed by RRS 48.2 3. 709’s position was made significantly worse by her giving help to her own crew and therefore the requirements for redress under RRS 62.1(c) are not met.

Decision

1. Redress not given. 2. 709’s score remains as finished.

Reason

1. 709 received assistance from the USCG as allowed by RRS 41(a).

2. 709 resumed racing without the ill crewmember and his son as allowed by RRS 48.2 3. 709’s position was made significantly worse by her giving help to her own crew and therefore the requirements for redress under RRS 62.1(c) are not met.