Monday 27 June 2011

KIEL 2011 International Part; Day 8, 9 & End

motiv_4_254_5287I was ashore for today and helped prepare some protest issues for later that day. In the afternoon we started to do the protest. In Kiel we can run up to four simultaneous panels. I was in panel 1 and we did hearings pretty much one after the other from 17:00 – 20:45. Nothing very special, save for one issue:

Let me explain:

There’s a protest, and the facts are pretty much the same as told by both parties. The boat breaking a rule has taken a penalty and did her two turns.
There’s damage but both boats finish the race. The right of way boat did not break rule 14

There are two ways to write the decision:

  1. Protest dismissed
  2. Protest upheld, but Boat X is not further penalized because she complied with 44.1

In my opinion only protest were no rule has been broken should be dismissed. If there was an infringement it should be upheld, regardless if the boat took a penalty or not.

Please leave a comment regarding this issue.

The last day in Kiel went very quickly. One race on the water, back to shore and a couple of protest to do – actually a reopening of the day before is all we did in panel one.

I drove home that evening and hit my pillow late – or early in the morning.

It’s now Monday evening and I’ve sorted out my luggage and started on getting ready for the next event. I leave on Wednesday for Boston USA for an Extreme Sailing Series event.

by at 23:17
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7 comments:

  1. ball_hilary28 June 2011 at 01:19

    R63.1 says that you have to hear the protest unless it is withdrawn. There is nothing wrong with a finding that a penalty has been taken under R 44 and no further penalty assigned.

    John

    ReplyDelete
  2. David S28 June 2011 at 15:21

    Collision with damage. Insurance Co will want written decision. Option 2

    Thanks for the work you do, and for the blog

    ReplyDelete
  3. Jos29 June 2011 at 11:27

    @ball_hilary
    My question is do you conclude that the protest is dismissed or upheld?
    The PC is not working for the Insurance but it is an argument in favour of the second answer.

    ReplyDelete
  4. Vicky Gilmour29 June 2011 at 11:35

    So it all comes down to damage. It wasn't serious damage. I would like to go see what the damage is and probably dismiss the protest because the offender did his turns. If the right of way claims serious damage then the give way boat should have retired.

    ReplyDelete
  5. Anonymous29 June 2011 at 15:50

    Somehow it feels wrong to conclude that a rule was broken but then decide that the protest is dismissed! Maybe the decision section of the protest form needs to be reworded slightly?

    Personally I would write my decision thus: "Boat X penalized as follows: no further penalty applicable". In my conclusion I would write which Rule was broken but also that Boat X complied with Rule 44.1(a).

    ReplyDelete
  6. ball_hilary29 June 2011 at 16:57

    Jos, for the second question, the facts will determine dismissed or upheld. The PC may find differently that the skippers assumed. However the probable result that you are asking for is that the protest is upheld but no further penalty is assigned due to the on-course exoneration..

    I think it is reasonable for the protest to be filed as the ROW may not know that the GW boat took a penalty for the incident.

    Another possible and appropriate outcome is that at the hearing, and with the confirmation that the penalty was taken, the ROW may decide to ask to withdraw the protest.

    John

    ReplyDelete
  7. Jos30 June 2011 at 12:00

    @Anonymous (5)
    My sentiment exactly. The form should be changed to be able to have this possibility.
    @John
    I agree with you about the ROW not knowing about the penalty. Usually he has something else on his mind then to look for turns.
    As a PC I'm not inclined to allow protest to be withdrawn involving damage.

    ReplyDelete

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