LTW 2012 Winter Challenge E02/17: Request for Redress

Friday, 17 February 2012

LTW 2012 Winter Challenge E02/17: Request for Redress

Request for Redress

During a port-starboard incident in a fleet race for Tornado's, there's a collision between Red and Purple. Red's starboard bow hits the starboard rudder of Purple and sheers it completely off. Purple cannot finish the race but manages to sail home with one rudder. Red does a two turn penalty. Purple hands in a protest form with the attached situation-drawing and asks for redress.

In the hearing you find as fact that Purple NOT displayed a red flag, but did hail 'Protest'
The incident happened in the one but final race. Both boats have equal points (out of 6 races) and both already have a discard. Purple discards a BFD and Red a DNF. The boat winning this protest is most likely to win the event. (A National Championship).

Animation E02/17

Picture from RED

Write the facts found, draw conclusions and decide the protest & the request for redress.

You may ask two questions related to what happened on the water, before Monday 23:59 which will be answered on Tuesday. And you may ask two questions related to the request for redress, before Wednesday 23:59, which will be answered on Thursday.

Deadline for FF, C and D, as per usual Friday 23:59

61 comments:

Anonymous18 February 2012 at 17:44
Question 1: Does Red agree with the drawingand if not, how?

Questin 2: After Red became row between positions 4 and 5, could it have avoided a collision?

David S.
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latindane18 February 2012 at 20:32
Purple, can you please tell me at which point you passed head to wind in terms of the diagram? For example, between position x and y.

Red, why did you not avoid contact?
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Bowman20 February 2012 at 11:04
Q1)To RED: At what point did you notice Purple had luffed?

Q2)To PURPLE: As you luffed you slowed down significantly, why did it take you so long to complete your tack?
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Zaphod20 February 2012 at 21:22
Red, when did you realise that the incident had resulted in damage to Purple?

Red, why did you not bear away earlier to avoid contact with Purple?
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Agnes20 February 2012 at 22:49
Question to Purple - How long after you passed head to wind occurred the collision?
Question to Red - How much distance were you from Red when it became clear that Purple is not going to go out of your way?
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Dauphine20 February 2012 at 23:07
Question for Purple:

Can you tell us about the steps you took to inform Red of your protest, before X O'Clock? [X = protest time limit which the protest committee has already ascertained]

Question for Red

Both your diagram and Purple's diagram show that you starting bearing away to pass astern of Purple when you were less than two boat lengths from her. Why did you not start bearing away earlier?
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Blue Peter20 February 2012 at 23:09
To Purple: what was your speed over the water and direction with regards to wind at the moment of collision.
To Red: where were you when Purple crossed head-to-wind.
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Goomer21 February 2012 at 02:54
Question to PURPLE:
Please describe your view of the incident.
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Goomer21 February 2012 at 02:55
Question to RED:
Why didn’t you avoid contact with PURPLE?
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Anonymous21 February 2012 at 13:29
I sent in 2 questions yesterday. I received the standard notice that they would be posted subject to approval Were they received?

Grey Bear
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Grey Bear21 February 2012 at 15:29
Question to Red:
Can you describe in detail what happened from the time you were approaching the mark until you had passed Purple? Details of speed, distances between boats etc. would be appreciated.

Question to Purple :
Did anything slow your tack so that it took longer than normal - sea or wind conditions, boat handling etc?
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latindane22 February 2012 at 14:42
Purple, can you please specify and quote the rule that you claim Red has violated, which your request for redress is based on?

Red, please respond to the following (hypothetical) accusation: "Red has violated the recognized principles of sportsmanship and fair play; knowing that the National Championship was at stake, Red abused the conditions and her right-of-way status and caused damage to Purple to insure a win in the event."
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Dauphine22 February 2012 at 21:16
Question to both Red and Purple – Can you describe in detail the wind and sea conditions

Question to Purple – You told us that “We did have a slower tack than usual”. You also said the wind dropped when you passed head to wind. That would have largely affected your acceleration after the tack rather than the tack itself. Can you explain what else could have contributed to a slower than normal tack, such as stalling beforehand, waves, crew work etc.?
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Blue Peter22 February 2012 at 22:07
To Purple: what were the wind conditions and why was it not possible for you to continue the race?
To Red: what was your reasoning to do the the two turn penalty rather than retire?
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Zaphod22 February 2012 at 22:11
Purple, are you seeking redress just for the race in which the incident happened, or for the final race too?

If just the race in which the incident happened: Purple, what proportion of the race had you completed before the incident (how many legs out of how many in total)?

If the final race too: Purple, what did you do to try to make repairs in time to race in the final race, and why were you not successful?
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Agnes22 February 2012 at 23:07
Questions to Purple
1. (At the very beginning of the hearing) You handed in a protest form. Was it intended to be a protest against Red or a request for redress for your boat?
2. What kind of redress do you think is appropriate in this case?
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Goomer23 February 2012 at 04:35
Question to PURPLE:
What was your position in the race at the time of the incident?

Question to RC:
What was PURPLE’s score in each race?
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Happiness Room23 February 2012 at 07:43
1) Purple: What percentage of the race remained when you got disabled?
2) Purple: Is there anything that you could have done to fix the boat immediately after the accident so that you could have continued even if you went slower?
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Jos23 February 2012 at 08:22
To the Anonymous commenter who doesn't want his comments published; I can't respond because the system does not registers your E-mail or name if you use anonymous.....
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Goomer23 February 2012 at 09:26
Facts Found:
1. PURPLE rounded a Starboard hand leeward mark 5 lengths ahead of RED.
2. As RED was rounding the mark, PURPLE luffed, initiating a tack.
3. At the moment PURPLE passed head to wind, RED was on a collision course with PURPLE.
4. When RED was 12 meters from PURPLE, RED bore away attempting to pass astern of PURPLE.
5. While PURPLE was still tacking, there was contact which caused serious damage. RED's starboard bow hit the starboard rudder of Purple and sheered it completely off.
6. PURPLE was unable to continue racing.
7. PURPLE hailed “protest” but did not display a red flag.
8. The damage was obvious.
9. PURPLE informed RED ashore within the protest time limit.
10. Red took a Two-Turns Penalty.

Conclusions:
1. Rule 61.1(a)(3) applies. The protest is valid.
2. After position 4 when PURPLE luffed head to wind she was ROW boat altering course, giving RED room to keep clear.
3. At position 5 PURPLE has passed head to wind and must now keep clear (rule13).
4. RED acquired ROW by PURPLE’s actions - rule 15 does not apply.
5. While right of way, RED’s only course change was to try and avoid a collision. RED does not break rule 16.1.
6. PURPLE broke rule 13.
7. RED could have born away more, and cleared PURPLE. It was reasonably possible for RED to avoid contact.
8. RED broke rule 14.
9. Since there was serious damage, a Two-Turns Penalty is insufficient. Her penalty shall be to retire (rule 44.1(b)).

Decision:
PURPLE DSQ (rule 13)
RED DSQ (rules 14, 44.1(b))

Request for redress by PURPLE:
PURPLE IS DSQ. Redress denied.
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Anonymous23 February 2012 at 18:21
Please note : no questions on redress because I had already decided that a request for redress would be denied.

Grey Bear

Facts found

1. Purple rounded the mark 4 boat lengths ahead of Red. She luffed to close hauled leaving the mark 2 boat lengths on her starboard beam.
2. Red rounded the mark and luffed to a close hauled course 1 boat length to windward of the course taken by Purple..
3. Purple sailed 3 boat lengths close-hauled on starboard then luffed and passed head to wind, 4 boat lengths away and directly ahead of Red
4. Red reached a close-hauled course at the same time as Purple passed head to wind.
5. While tacking Purple slowed almost to a stop.
6. Red accelerated rapidly, then sailed in a straight line, on a collision course with Purple, for 2 boat lengths.
7. 2 boat lengths away from Purple, Red bore away but did not slow down.
8. There was contact between Red's starboard bow and Purple's starboard rudder, causing damage to the rudder.
9. Purple did not display a red flag but did hail protest. Purple later informed Red's crew of her intention to protest
10. Red took a Two Turn Penalty.

Conclusions

1. The protest incident caused damage obvious to the boats involved. Purple did inform Red of her intention to protest immediately, by hailing. The protest is valid (61.(a)(3)).
2. Purple, while tacking, did not keep clear of Red. Purple broke rule 13.
3. Red acquired right of way because of Purple's action. Rule 15 does not apply.
4. From the time she acquired right of way until she bore away to pass astern of Purple, Red did not change course. Red's subsequent change of course, bearing away, was consistent with a right of way boat taking action to avoid Purple, who was not keeping clear. Red did not break rule 16.1.
5. When it became clear to Red that Purple was not keeping clear it was reasonably possible for Red to avoid contact by bearing away further or by slowing down. There was contact causing damage. Red broke rule 14. (See case 26. RYA 2002/11, although not authoritative, provides guidance).
6. Although Red broke rule 14 she did so whilst attempting to avoid Purple who was breaking rule 13. Purple's own fault contributed to her score being made worse (rule 62.1).
7. Red caused serious damage. Her penalty was to retire (rule 44.1).
8. Red did not take an applicable penalty (64.1).

Decision

1. Purple is disqualified (rule 64.1(a))
2. Red is disqualified (64.1(b))
3. Purple's request for redress is denied (rule 64.2)

Grey Bear
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Blue Peter23 February 2012 at 23:37
At the last rounding of the leeward mark, Purple is ahead of Red. There is 10-12 knots of breeze occasionally dropping to 4 knots. Red is close-hauled on starboard tack at the end of the rounding of the leeward mark, when Purple, 4-5 boat lengths ahead and half a boat length to leeward, tacks on to port (just before position 5 on the diagram accepted by both parites). During the tack, Purple slows down and is now on a collision course with Red. 2 boat lengths away from Purple, Red decides that Purple is not keeping clear and bears away by about 20 degrees to sail behind Purple. Collision occurs in which Red touches and damages Purple's rudder. At that moment, Purple was still not completely on a close hauled-course on port tack.
After the collision, Purple hails "Protest" but does not display a red flag. Red notices the damage to the rudder but is not sure how serious it is. Red does a two-turn penalty.
According to his own testimony, Red misjudged and would have passed behind if she had born down 10 cm more.

Decision:
Purple did not keep clear after she passed head-to-wind and before she was on a close-hauled course and therefore broke RRS 13. RRS 15 and 16 don’t apply in this situation, because Red acquired priority through Purple’s actions and did not thereafter change course until trying to avoid collision. It is therefore not the case that Purple’s score was made worse through no fault of her own, as is required by RRS 62.1. No redress granted.

Red, as the right of way boat under RRS 13, did not have to act until it was clear that Purple was not keeping clear according to RRS 14(a). However, two boat lengths ahead it was clear that Purple was not keeping clear and at that time Red could have avoided the collision by bearing down just 10 cm more over the distance of 2 boat. Red failed to do so and therefore broke RRS 14 and, according to the case 26, must be penalized. The damage was serious, although it might not have been clear to Red. According to RRS 44.1 (b) the appropriate penalty for Red was to retire, but since Red did not know this at the time of the incident, she did not break the basic principle or RRS 2. She is therefore DSQ in this race.
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Zaphod24 February 2012 at 11:09
Facts:
Race 7 of Tornado National Championships; at final leeward gate and beat.

Wind strength variable: 4 – 12 kts; few waves.

Agreed diagram attached.

Purple close-hauled on stbd tack, approx 1.5 boat-lengths to leeward of layline from starboard mark of leeward gate, approx 6 boat-lengths from mark, luffs head to wind preparatory to tacking, slows considerably.

At same time Red on stbd tack luffs to round same mark, approx 1m to leeward of mark, moving fast.

Purple passes head-to-wind onto port tack, moving slowly.

Red below close-hauled at moment Purple passes head-to-wind, continues to luff to close-hauled.

Red sails 4 boat lengths (approx 3 seconds), close-hauled on stbd tack, directly towards Purple (still tacking).

When 2 boat lengths from Purple, Red bears away to pass astern of Purple.

Red “misjudges” and there is contact between Red’s starboard bow and Purple’s starboard rudder resulting in damage (rudder sheared off). Damage is obvious to both boats.

Purple hails “Protest” but does not display red flag.

Purple, unable to complete race, retires (having been in first place at time of incident).

Red takes two-turn penalty.

Once ashore, before handing in protest form, Purple informs crew of Red that she intends to protest.

Protest Conclusions:
Red failed to give Purple room to keep clear when Red changed course (luffed) after becoming ROW boat – broke rule 16.1.

Purple (tacking) failed to keep clear of Red (not tacking), but was compelled to do so by Red’s breach of rule 16.1 – Purple broke rule 13, but exonerated under rule 64.1(c).

Purple did not break rule 14 as it was not reasonably possible for her to avoid contact once she was mid tack.

If Red had acted as soon as it became clear that Purple was not keeping clear, Red could have avoided contact with Purple. Red therefore broke rule 14, and since there was contact that caused damage she may be penalised (rule 14(b)).

Red took two-turn penalty, but since damage was serious and Red gained a significant advantage in the race and series, applicable penalty is to retire (rule 44.1(b)).

Damage was obvious to both boats and so requirements of rule 61.1 do not apply (rule 61.1(a)(3)); Red informed Purple of intention to protest within protest time limit.

Protest Decision:
Protest valid.

DSQ Red from race 7.

Redress Conclusions:
Purple’s score in the race (and series) was, through no fault of her own, made significantly worse by physical damage arising from Red’s breach of rules 16.1 and 14 (rule 62.1(b)).

Redress Decision:
Redress granted.

Purple to be given score in race 7 based on her place at the time she rounded the leeward mark just before the incident (final mark rounding). The scores of all other boats to be changed accordingly.

Zaphod
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latindane24 February 2012 at 14:33
Facts found
- P rounded a leeward mark to be left to starboard.
- At the time P was at the mark, R was approx. 5 boatlengths from the mark.
- Soon after exiting the zone, P started a tacking maneuver from starboard onto port tack.
- At the moment that P passed head-to-wind, R had rounded the mark and was on a close-hauled course on starboard tack. Boats were 3-4 boatlenghts away from each other at this point.
- P had a particularly slow tack because of different reasons.
- When boats were a boat length away, before P acquired a close-hauled course, R bore away attempting to avoid P but there was contact causing physical damage (P's starboard rudder was sheared off).
- P hailed protest but did not display a flag.
- R took a two-turn penalty and finished the race. R was aware of the damage.
- P retired because the damage itself significantly affected her ability to proceed in the race at normal speed (ref case 110).
- P requests redress.

Conclusions and rules that apply
- Even though P did not display a flag, the protest is valid, since the damage was obvious to both boats and P informed R of her intention to protest (rule 61.1(c)).
- An instant before P passed head-to-wind, she was ROW boat under rule 12.
- When P passed head-to-wind, she became bound by rule 13 to keep clear of R until she is on a close-hauled course.
- P breaks rule 13.
- R is not bound by rule 15 to initially give room to P to keep clear, since R acquired ROW because of P's actions.
- As ROW boat, R is bound by rule 16.1 to give room to P to keep clear when changing course.
- R did not change course after acquiring ROW, other than to attempt to avoid P, and thus did not break rule 16.1.
- R attempted to avoid contact when it became clear to her that P was not keeping clear. R was under no obligation to anticipate that P would break rule 13, nor that P's tack would be slower than expected. After it became clear that P was not going to keep clear of R, it was probably not possible for R to avoid the contact, so R did not break rule 14 (ref cases 2, 26, 27).
- P's score in the race has been made significantly worse by physical damage which was caused because of P breaking rule 13. It was not made significantly worse by any of the conditions listed in rule 62.1. The conditions to consider redress are not met. Redress not given.

Decision
Protest is dismissed. Having retired from the race, P took an appropriate penalty and is thus not disqualified for breaking rule 13 (rule 64.1(b)).
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Agnes24 February 2012 at 23:28
Facts Found
1. Damage occurred which was obvious to both boats, so red flag was not required (rule 61.1(a)(3)), Purple informed Red within protest time limit (rule 61.3).

2. Wind 10-12 knots, with lulls of 4 knots.
3. Purple rounded wide the starboard leeward gate mark, headed up to close-hauled course on starboard tack, then began to tack at 4.5 boatlength from the mark. She passed head-to-wind but lost speed in a lull, so that in the next 4-5 seconds she advanced only half a boatlength.
4. Red rounded close to the mark well behind Purple. At the moment when Purple passed head to wind, Red was abreast of the mark, on a close-hauled course, one boatlength above Purple’s track.
5. 2-3 seconds later and at two boatlengths from Purple, when it became clear to Red that Purple is not accelerating out of the tack, Red bore away 45 degrees to avoid Purple, but collision occurred in which Purple’s starboard rudder was completely sheered off.
6. Purple retired from the race.
7. Red took a two turns penalty.

Conclusions
1. The damage was serious.
2. Purple on port tack did not keep clear of Red, a starboard tack boat. Purple broke rule 10.
3. Purple could have avoided contact by keeping clear first. Purple broke rule 14.
4. When it became clear to Red, that Purple is not keeping clear, Red did reasonable steps to avoid contact. Red did not break rule 14.
5. Red did not break rule 16.1, because when she changed course near the mark, Purple had right of way under rule 12. When later Red changed course she did it to avoid Purple.
6. Purple took the applicable penalty, she shall not be penalized further (rule 64.1(b)).
7. Purple's score was made significantly worse, but not without her own fault, so no redress is available for her (rule 62.1).

Decision
Protest dismissed.
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Dauphine24 February 2012 at 23:50
Validity

After the incident, Purple hailed protest, but did not display a protest flag.
The incident resulted in damage to Purple, which was obvious to both Purple and Red.
Within the protest time limit, Purple’s representative told Red’s crew that Purple was going ahead with the protest.
Protest is valid: rule 61.1(a)(3).

Facts Found

After rounding the leeward mark, Purple sailed close hauled on starboard for 4.5 boat lengths and then started to tack.
After Red rounded the leeward mark she sailed close hauled on starboard on a course one boat length to windward of the course taken by Red.
When Red had established a close hauled course on starboard, Purple’s starboard bow crossed the path of Red’s port bow, 4 boat lengths ahead. At this point, Purple passed head to wind.
Red held her course, accelerating towards Purple on the assumption that Purple would accelerate and pass clear ahead of her.
When Red was less than two boat lengths from Purple, Purple was still 15 degrees from reaching a close hauled course on port. Red’s starboard bow was then aiming at Purple’s starboard bow.
Red then bore away hard to avoid Purple, but there was contact between Red’s starboard bow and Purple’s starboard rudder. As a result, the rudder was broken off Purple’s hull.
Red completed a two turn penalty and then continued sailing and finished the race.
Purple was unable to continue racing without the starboard rudder. She retired.

Conclusions for protest

Purple, while tacking, did not keep clear of Red who was close hauled: Purple broke rule 13.
It was reasonably possible for Purple to have avoided contact, had she not turned across Red’s path and continued turning, when Purple lacked the momentum to pass clear ahead. Purple broke rule 14.
It was also reasonably possible for Red to have avoided contact. It was evident that Purple was not keeping clear when Red was 3 to 4 boat lengths away. Red nevertheless accelerated towards Purple on an unwarranted assumption that Purple would accelerate and sail clear of her. Red took avoiding action only after contact had become virtually inevitable. Red broke rule 14.
The damage caused by the contact between Red and Purple was serious damage in terms of rule 44.1(b). Red did not absolve herself by completing a two turn penalty.

Conclusions for request for redress

Purple’s score was made significantly worse by the damage caused, in part, by Red’s actions breaking a rule in Part 2.
As Purple contributed to the damage, breaking rules 13 & 14, it cannot be said that her score was made worse through no fault of her own: rule 62.1(b).

Rules applicable

13, 14, 44.1(b), 61.1(a)(3), 62.1(b),

Decision

Red is DSQ.
Purple, having retired, is not penalised further.
Redress for Purple is declined.
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Bowman25 February 2012 at 01:11
Facts Found:

Purple is on a closehauled course 2 hull widths to leeward of the starboard layline leaving the mark. Purple luffs head to wind. At the same moment Red rounds the mark onto a close hauled course adjacent to the layline. Purple passes head to wind when Red is 3 boat lengths away. Purple slowly continues her tack. When 1.5 boat lengths away, Red bears away to pass behind Purple. There is contact between Red's starboard bow and Purple's starboard rudder. There is damage; Purple's rudder is sheered off. Purple hails protest and retires from the race. Red continues un the race. Red completes a two-turn penalty after the incident.

Rules that apply: 12, 13, 14 and 44.1

Conclusion: Protest is valid (hail made and hull length of Tornado under 6m). Whilst clear astern and up until Purple passed head to wind Red was required to 'keep clear'; she did so. Whilst tacking Purple was required to 'keep clear' of all other boats. Red took avoiding action as required by rule 14 when it became clear that Purple was not keeping clear, however, this action was too late and not substantial enough to avoid contact with Purple. The contact between boats caused enough damage that Purple had to retire from the race. Red did not case "serious damage" because the repair work completed by Purple was minor.

Decision: Red took the appropriate penalty for breaking rue 14 and no further penalty is applicable under rule 44.1. Purple is disqualified in this race for breaking rule 13. Her score is to be changed from DNF to DSQ. Since Purple's score in this race was not made significantly worse "through no fault of her own" (she broke rule 13) she is not entitled to redress.
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Happiness Room26 February 2012 at 11:01
Facts Found
(Diagram submitted by Purple is accepted by the jury). Purple hailed “Protest” 2 second after being hit by Red. Purple did not fly a flag
Purple informed Red’s Crew at 15:50 that it was protesting on her way to hand in the protest which was done at 15:55. The time limit was 16:00.

Red and Purple both rounded the leeward mark to starboard. After round the mark Purple sailing off on a closed hauled course for 4 boat lengths then luffed and crossed beyond head to wind into a collision course with Red. Position 5 Red rounded the mark and established a close hauled course just before purple passed head to wind. Purple was 4 boat lengths ahead and 1 boat length to leeward at this time. When Red was 2 boat lengths from Purple it altered its course some to pass astern of Purple. Purples speed dropped to 2 knots when tacking, Red’s speed was 8 knots. Red’s starboard bow hit purples starboard rudder and sheered of the rudder off at the gudgeons. The damage was obvious to both boats.
Purple returned directly to shore and DNF.
Red did a two turn penalty and finished the race

Conclusions
The protest is valid because Purple made the hail of “protest” immediately. A protest flag was not required under rule 61.1 a) 3 because damage to the rudder was obvious to both boats and Purple notified Red by informing the crew its intention to protest before handing the protest in with- in the time limit.
Purple did not keep clear of Red when she passed head to wind and was tacking to port (rule 13)
Red on starboard, the right of way boat, did not avoid contact when it was reasonably possible for her to do so when it was clear that Purple was not going to keep clear. Red breaks Rule 14 (a). Red two turn penalty does not absolve her of breaking Rule 14 and is penalized under Rule 14 (b) because the contact caused damage of a broken rudder on Purple which kept Purple from continuing to sail at a normal speed and manoeuvrability.
Purple request for redress does not meet the requirements of Rule 62.1 (b) and is denied because she shares the fault of her broken rudder, which made her race significantly worse, by tacking in front of Red on starboard the ROW boat (rule 13).

Decision
Red is DSQ for breaking Rule 14 (b)
Purple is DSQ for breaking Rule 13
Purple’s request for redress is denied (62.1 (b)
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