AC 33 Jury | 3

From Scuttlebut Europe:
America's Cup Jury Denies BMW Oracle Request For Redress
The ISAF appointed international jury denied BMW Oracle's request for redress regarding measurement of the competing yachts
The ISAF International Jury for the America's Cup issued an interim decision late Tuesday night rejecting the challenger, BMW Oracle's latest complaint regarding the position and volume of the water ballast onboard the racing yachts during measurement.
"We are pleased that the jury upheld the New York Supreme Court and expert panel decision of November 2009. This is a positive step towards the America's Cup - we are glad that measurement can go ahead as scheduled and that the challenger's request for redress has been denied. With just a few days to go before the first race of the 33rd America's Cup, the team is fully focused on race training and preparations," said Grant Simmer, Alinghi design team coordinator.
* Summary Of Decision:
The Jury is satisfied that the Measurer has made a reasonable interpretation of the decision of the Supreme Court of the State of New York dated November 19th 2009 in the published Measurement Procedures, and in the proposed implementation of those procedures as presented in the hearing. The procedures will include the Measurer being satisfied that the position and volume of water ballast on board when the boat is presented for measurement is consistent with that used for the purpose of enhancing racing performance.
The Jury interprets the term 'as much water ballast as might be used at any time during the race' to mean the maximum amount used for enhancing racing performance, at any time during any race.
Paragraph 20 of the Expert Panel's Opinion, adopted by the Supreme Court of the State of New York in its decision, applies only to multihulls and it is reasonable to conclude that this does not mean 'equally fore-and-aft' as that would also apply to monohulls.
The Jury therefore accepts as reasonable the interpretation used by the Measurer that 'distributed equally in the available ballast storage areas' is for the purpose of presenting the boat in an upright position, laterally, for measurement.
The Requests are therefore denied.
A full written decision will follow.

The International Jury is ready to hear Alinghi and BMW Oracle on the measurement issue.

Valencia, 2 February 2010. Photo copyright Pierre Orphanidis / Valencia Sailing

Other decisions reached by the AC 33 Jury:

• The (first) start time for races will be 10:06.
• Race Office Harold Bennett has been given the discretion to use his experience and judgement on what constitutes fair and safe conditions for racing.
  (this covers issues in wind speed as well as conditions (water, waves etc)
  
• GGYC’s yacht USA has also been cleared to use onboard wind-detection equipment.
• GGYC’s yacht USA has been cleared to use “fast and green” friction-reduction technologies.

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See also: Statement GGYC 3 feb 2010

This leaves the issue about the order in the race documents and RRS....

AC 33 Jury | 2

Two statements regarding a decision of the AC 33 Jury appeared on the GGYC- and Alinghi website. They are about the use of water-ballast on board Alinghi.

"Competitors will be able to use water ballast in the coming 33rd America’s Cup commencing in Valencia on Monday, provided that the amount used to benefit performance is also in position when the boat is measured. "

This is to ensure that the maximum LWL (load water length) of 90 feet is not circumvented
Read more:
Statement by GGYC
Statement by Alinghi

As usual both parties have totally different approaches to the decision.
Hopefully the AC 33 Jury will publish the facts found, conclusion and decision soon, so we can have a look at their thinking. From the decision it is at least clear that all water-ballast that is to be used to enhanced performance, must be on board during measurement. It will be up to the measurer to make sure that it cannot be increased - and subsequently decreased - during racing.

Bring the wax and seal all pumps?

AC 33 Jury | 1

I had a hard time finding out which issues have to be decided by the AC33 Jury before the boats can go sailing next Monday. On the site from Yachting World, a series of posts is starting counting down the last seven days. According to today's post the following questions are before the Jury:

1. Skin friction issue - re-inserted Racing Rule 53 ('Skin Friction'). Alinghi/SNG obtained a New York Supreme Court ruling to delete it, BMW Oracle want this deletion to stay, especially now they have a super slippery surface on the underside of their tri.

2. Start time - Currently shown in Notice of Race at 10am. BMW Oracle/GGYC argue that Deed of Gift says the start time has to be by mutual consent. Alinghi claim that the start has be then in order to provide enough daylight time to run to the time limit of 7 hours.

3. Wind and wave limits - BMW Oracle/GGYC are unhappy that Alinghi/SNG has set wind limits to favour its own boat when no such wind limits exist in the Deed of Gift. Contrary to popular opinion, there were no fixed wind or wave limits in the last event. The decision to race came down to the race officer's discretion. New Zealand 2002/3 was the last time fixed wind limits were used and demonstrated that such limits were easier in theory than in practice.
There is nothing in the Deed of Gift about having stable winds, winds of more than a certain strength, or less than a certain strength.

4. Wind detection units - BMW Oracle/GGYC are unhappy that the Notice of Race now bans the use of certain wind detection units. The American team has a sophisticated laser wind spotter that the manufacturers claim can see gusts and shifts up to 1km ahead of the boat. Such equipment was permitted under earlier drafts of the NOR.

5. Notice of Race to overrule the Racing Rules of Sailing - Normally ISAF racing rules dictate proceedings, in America's Cup racing it's the Deed of Gift which states that the race will be conducted under the Defending yacht club's rules. The order in which various rules are and notices are applied has been re-arranged for this event. BMW Oracle/GGYC want to see the structure returned to normal with ISAF rules towards the top of the tree, just under the Deed of Gift.

On the Official 33rd America's Cup Website a page about the AC33 Jury has been published. Besides the names and short biography, no other official documents as of yet.

The Jury will be meeting today, hopefully some info will appear on the site as well.

UPDATE 01/02/10 - 23:26 h
A statement has been posted on the GGYC-website: STATEMENT 1 FEBRUARY 2010.pdf
Nothing on the Alinghi-Website nor the AC33-Jury page

(pillow)Case of the Week (5) -111

CASE 111

Rule 30.2, Starting Penalties: Z Flag Rule
Rule 30.3, Starting Penalties: Black Flag Rule

If a boat is penalized under rule 30.2 or rule 30.3 after a starting sequence that results in a general recall, it is a proper action of the race committee to penalize her even if the race had been postponed before that starting sequence or if, during a later starting sequence, a postponement was signaled before the starting signal.

Assumed Facts for Question 1
The fourth race of a series was scheduled to start at 10:00 a.m., but it was postponed for thirty minutes while the race committee waited for the wind to fill in. At the preparatory signal, the race committee displayed flag Z. Boat A was identified in the triangle formed by the ends of the starting line and the first mark during the last minute before her starting signal. After the starting signal the race committee signaled a general recall. The race committee then began a second starting sequence for that race and again displayed flag Z as the preparatory flag. After removing the preparatory flag, but before the starting signal, the race committee signaled a postponement. Later, the race committee began a third sequence of signals and was successful in starting the fourth race, and the race was completed.
Boat A was given a 20% Scoring Penalty, and she requested redress on the grounds that the race had been postponed – indeed, postponed twice – before its starting signal and, therefore, under rule 30.2’s third sentence, she should not have received the penalty.

Question 1
When the race committee imposed a 20% Scoring Penalty on Boat A, did
it act properly under rule 30.2?

Answer 1
Yes. The race committee acted properly under rule 30.2. The first three sentences of rule 30.2 refer to a single starting sequence. The starting sequence in which A was identified in the triangle formed by the ends of the starting line and the first mark during the last minute before her starting signal was not postponed or abandoned before its starting signal.
Therefore, the race committee acted appropriately under rule 30.2 when it imposed a 20% Scoring Penalty on A. That action was not an improper action, and A was not entitled to redress. During the second starting sequence, if a boat had been identified in the triangle between the time that the preparatory flag was removed and the time that the postponement signal was made, then it would have been an improper action under rule 30.2 to give that boat a 20% Scoring Penalty.

Assumed Facts for Question 2
The assumed facts are the same as those in Question 1 except that the black flag was used as the preparatory flag for the first and second attempted starts, and A was disqualified without a hearing.

Question 2
When the race committee disqualified A without a hearing, did it act properly under rule 30.3?

Answer 2
Yes. The reasoning in Answer 1 also applies here. The race committee acted properly when it disqualified A without a hearing, and A was not entitled to redress. During the second starting sequence, if a boat had been identified in the triangle between the time that the preparatory flag was removed and the time that the postponement signal was made, then it would have been an improper action under rule 30.3 to disqualify that boat without a hearing.

(ISAF 2009)

Once boats have ‘started’ the penalties earned in the start-sequence are applicable and should be scored. If the postponement/or abandonment is done before the starting- signal, penalties are canceled.

ROLEX MIAMI OCR 2010 – part 1

The second event in the World-Cup series has started with the opening ceremony last night: The Rolex Miami OCR 2010.

Sailing Instructions have been published as well including the inevitable
SI-amendment #1. Since this event is part of a the series we can expect that all events have their NOR and SI coordinated and should be pretty much the same – bar local particulars.

Racing starts today 10:00 hours local time for the Match Racing and 13:00 hours for the Fleet Racing and will go on until Saturday 30th with the Medal Races and MR-Finals

The ladies in the Elliot 6’s have a very full program scheduled with seven! stages to determine the winning team. With 24 teams competing not only for the teams a full day’s work, but also for the umpire-team. They need to stay on top the whole time, including Match 2 in Flight 12 at 18.02 hours after 8 hours on the water…. I remember similar circumstances at the Delta Lloyd MR last year and wish them all the best! (Jury (and Umpires) members)

You can find out more about Jury work on and off the water on the on-line notice board on the RMOCR –website.

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(pillow)Case of the Week (4) - 112

A new study case for your pillow this week:

CASE 112

Rule 28.1, Sailing the Course
Rule 61.1(a), Protest Requirements: Informing the Protestee
Definitions, Finish

If one boat makes an error in sailing the course, a second boat may notify the first that she intends to protest when the error is made, or at the first reasonable opportunity after the first boat finishes, or at any time in-between.

Assumed Facts
Boat A leaves the first mark of the course on the wrong side. Then, without correcting her error, she sails the remainder of the course correctly and crosses the finishing line from the direction of the last mark. Another boat, B, sees A leave the first mark on the wrong side and decides to protest her.

Question 1
When does A break rule 28.1?


Answer 1
A makes an error when she leaves the first mark on the wrong side. However, rule 28.1 allows her to correct her error at any time before she finishes, but not thereafter. Therefore, A does not break rule 28.1 until she
finishes.

Question 2
Does A finish when she crosses the finishing line?

Answer 2
A finishes provided that she crosses the finishing line in accordance with the definition Finish, whether or not a string representing her track complies with rule 28.1.

Question 3
When must B inform A of her intention to protest?

Answer 3
Rule 61.1(a) requires a boat intending to protest to inform the other boat ‘at the first reasonable opportunity.’ Normally this is done by hailing ‘Protest’ and, when required, displaying a red flag. Although A does not break rule 28.1 until she finishes (see Answer 1), leaving the mark on the wrong side and continuing to sail the course
without correcting her error provides B with a sufficient reason to decide to protest her. In this situation, therefore, B may notify A of her intention to protest when A leaves the mark on the wrong side, or at the first
reasonable opportunity after A finishes, or at any time in-between.

RYA 2003/4

Fact Finding Friday for die-hards

Sometimes you get lucky. In using a couple of new search words, Google kicked out a couple of nice finds! This post is for all who are studying the Racing Rules of Sailing in depth.

When studying the rules you are always on the look out for new cases, new protests, new material. And you can learn a lot from how Protest-committees have done things in the past in hearings, which rules they applied, which mistakes they made and what was done to correct those. Unfortunately most of that is only written on a piece of paper and not available to the public.

But sometimes a panel at an event gets the opportunity to properly publish their work. By using "request for redress" as a search parameter, I found many interesting pdf's, but the jewel was this site: http://www.kingscup.com/2009results/index.htm

Have a look yourself. Besides the abstracts of each protest you can also find the whole written protest form including Facts found, Rules, Conclusion and Decision.

My compliments to the International Jury of the Phuket King's Cup Regatta 2009. I wish more IJ's had the opportunity to use the internet this way.

2010 Extreme Sailing Series Europe

From the newsletter 2010-01

Series Open for Official Entries:

The Notice of Race for the 2010 Extreme Sailing Series Europe has been issued, effectively opening the official entry period for the European series - closing date for entries is midnight on 15th March. The award-winning circuit, which saw over 200,000 spectators entertained by the ten international skippers and their crews on the dynamic Extreme 40s in 2009, once again promises to deliver a top-level sailing series, across six European destinations, an experiential VIP corporate hospitality experience and an ever-growing entertainment package on water and land for the general public.

"We continue negotiations with various potential main partners to support our long term plans for both the European and Asian series," commented Mark Turner, CEO of OC Group. "However, securing new partners before the European season kicks off is not absolutely necessary and won't affect our plans for 2010 - this year will be another spectacular season of Extreme 40 racing, racing that continues to change the way sailing is seen. We are keen to grow our original brand - Extreme Sailing Series - regardless of developments on the sponsor front as we go through the year," he concluded.
Six existing teams from Europe and the Middle East, have already expressed strong commitment to rejoin the circuit for 2010, with several new teams anticipated to step-up to the start line in May 2010. The expectation and objective is once again to have 8 to 10 international, top level teams. OC Events, organiser of the circuit since its inception in 2007, is planning an official launch week commencing 15 May 2010 when the teams and their skippers will be presented officially for the first time.

The 2010 series will be a five, possibly six event series, racing in iconic venues and cities in locations including the UK, France, Germany and Spain:
Event 1: 27-30 May location tbc
Exhibition Event: 19 June: J.P. Morgan Asset Management Round the Island Race
Event 2: 14-18 July or 31 July to 5 August UK
Event 3: 26-29 August Germany
Event 4: 9-12 September location tbc
Event 5: 23-26 September location tbc
Event 6: 9-12 October, Almería, Spain
Final venues will be announced one by one over the coming weeks.

The four day format of racing will remain unchanged, except that the opening day's races on the 'Media Day' will in 2010 count towards the overall score. At each event, the teams will have the opportunity to take part in 'corporate sailing' in the morning to entertain their VIP guests, while racing will take place in the afternoon.
With up to eight races per afternoon, the events are extremely physical for the skippers and crews. Each race lasts approximately 15 minutes on the short, tight racecourses the series has become renowned for. However the Race Committee is currently looking at other options to challenge the teams.
Tim Hancock, once again Principal Race Officer, commented, "We tested the strategy and tactics of the teams last year in some of the tightest racecourses I've ever seen, from the traditional windward-leeward, to downwind starts and triangular courses. This year we will also be exploring possibilities of speed runs, slalom-courses and other 'tradition-breaking' ideas. The high, professional standard of racing will never be compromised, but we also want to provide thrilling, and easy to understand racing: racing that will continue to entertain the crowds. The Media Day, held before the public village opens, will allow us to include some more conventional and longer courses as well, maintaining an excellent overall balance in the format," he concluded.

Every Extreme 40 will continue to race with a 'fifth-man' onboard, a VIP guest, cameraman, photographer or reporter - an opportunity for them to be right in the heart of the action during actual racing.
OC Events will also continue to provide a full PR and Media programme throughout 2010 including a host broadcaster service, TV news and a TV series for global broadcast media. The 2009 series delivered a media value for just the six territories the series visited, of over EUR5 million (despite a 10-15% drop in equivalent advertising rates) and the 6-part TV series was aired in 130 countries across 29 international networks resulting in 38 hours of TV programming in one month.
The Extreme 40 fleet will be even more colourful this year as the sail branding rules have been amended one step further for the season, as planned when the 2009 50% branding rule was introduced. "Looking back through the photographs and TV footage from 2009, it was clear that the boats with their sails 100% branded were the most dynamic and stood out amongst the fleet, therefore we have introduced a new rule for 2010 that all boats' mainsails shall be 100% branded, so that there is no penalty on the teams already doing this," explained Race Director Gilles Chiorri.

Off the water, the teams, sponsors, media and VIP guests will be hosted and entertained in bespoke hospitality facilities offering teams the opportunity to mingle with their guests before and after sailing in a choice of settings, from general access to made-to-measure private corporate entertainment suites.
All teams entered into the 2010 series will be invited to a briefing at OC Events' offices at East Cowes, Isle of Wight, UK on Tuesday 30 March covering the race management, media and hospitality aspects of the event.
The closing date for entries to the 2010 series is 15 March 2010.
Extreme Sailing Series Europe

From the dates in the preliminary list there are already several I will not be able to attend – if I’m asked to umpire again, that is. But I would not say no to a week in Spain in cold October.….

Redress about amended AC33- NOR and SI?

From the Alinghi website; www.alinghi.com

SNG letter issuing SIs and amended NOR

33rd America's Cup Sailing Instructions_100119

Amended 33rd America's Cup Notice of Race_100119

From the Golden Gate Yacht club website; www.ggyc.com

Statement by Tom Ehman, GGYC Spokesperson:

Valencia (January 19, 2010) – The America’s Cup defender, Société Nautique de Genève, issued today a revised Notice of Race and Sailing Instructions for the 33rd America’s Cup Match set to begin on February 8th in the waters off Valencia, Spain.

Both documents are riddled with errors, and continue SNG’s practice of interpreting rules – or creating new ones – solely to favor Alinghi and harm the chances of the Challenger.

The Notice of Race and Sailing Instructions are heavily biased in favor of the Defender and its yacht despite input from GGYC and ISAF, the sport’s world governing body, during last week’s meeting in Singapore and a meeting in late December in Sydney. Therefore, today GGYC has made an application for redress to the International Jury, asking that the Jury be convened as soon as possible to negate or revise the biased provisions before the Match.

Specifically, SNG has:

• Effectively re-inserted Racing Rule 53 (“Skin Friction”) after obtaining a New York Supreme Court ruling to delete it.
  
• Set the starting time for the races despite the Deed of Gift’s requirement that this be agreed by mutual consent.
• Set wind and wave limits to favor its own yacht.
  
• Changed the latest draft of the Notice of Race to ban certain wind detection equipment now being used by BOR that, previously, was permitted under all earlier drafts of the NOR.
• Re-arranged the hierarchy of the applicable rules so that SNG’s Notice of Race and Sailing Instructions would, in the case of conflict, overrule the Racing Rules; this is highly irregular and contrary to normal practice in yacht racing.

It is clearer than ever that SNG is hell-bent on making the America’s Cup the Alinghi Cup.
We now look to the International Jury to reinstate the correct and proper rules and procedures.


Rule 61.1: A request for redress ... shall be based on a claim or possibility that a boat's score in a race or series has, through no fault of her own, been made significantly worse by
(a) an improper action or omission of the ... organizing authority....

Past tense: "been made"
Shouldn't there be a race, to have a result, before a score can been made significantly worse?


I can understand one party wanting to fix issues in the NOR or SI, it perceives as bias. Normally if you think the conditions in the NOR are not fair, you just don't enter in the race. But in the AC this is very difficult, as one party is also the OA and gets to write all the race documents.

But a request for redress is perhaps not appropriate in this regard. What is, I don't know.
Do you have any ideas?

Sporcle Sailing Rules Quiz

Can you name the rule numbers after seeing the rule names?
http://www.sporcle.com/games/SailingRulezzz/sailing_rules_reverse

Post your remaining time in comments....