2015 Moth Worlds, Redress

Ojars Rancans
Posts: 5
Joined: 08 Jan 2015, 13:56

2015 Moth Worlds, Redress

Postby Ojars Rancans » 18 Jan 2015, 17:43

OK, from the RRS point of view, everything looks correct, but I am not sure I like the outcome.

You go out sailing, you try to prepare fo the race, you do your routine (mental, checking equipment, whatever..) and then you got run over by the RIB, luckily escape without injuries and then it is your own (partial) fault?


Discuss.


http://www.sscbc.bvit.com.au/sa/protest ... =65411.688


Protest Number: 11
Event: 2015 McDougall & McConaghy International Moth Class Australian & Championships Race Number: Race 2 Finals
Protesting Boat: USA 4239 Protested Boat: Organising Authority
Protest Details: Damage before start of race

Facts Found

* Approximately 3 minutes before the warning signal of race 7, USA Bow 11 was to windward and astern of the camera boat, sailing on a course to overtake and sail in front of the camera boat.
* As USA Bow 11 was about to cross in front of the camera boat she came off her foils and slowed down onto a converging course with the camera boat.
* The camera boat turned to port and made contact with the gantry of USA Bow 11 Causing serious damage.
* USA Bow 11 did not see the camera boat until immediately before impact.
* The camera boat driver was aware of USA Bow 11 approaching but did not have sight of her until she appeared in front of him.
Conclusion



* The International Regulations for the Preventing Collisions at Sea (IRPCAS) apply as per the preamble of Part 2 of RRS.
* The powered camera boat failed to keep clear of a sailing vessel –IRPCAS Rule 18(a)
* USA Bow 11 was overtaking the camera boat and failed to keep clear - IRPCAS Rule 13
* Both the Camera Boat and USA Bow 11 failed to keep a proper lookout as required by IRPCAS Rule 5
* Both boats did not use all available means appropriate to the prevailing conditions to avoid collision IRPCAS Rule 7(a)
* USA Bow 11 kept her course but altered her speed in breach of IRPCAS Rule 17(a)(1)
* If USA Bow 11 had not altered her speed, contact would have been avoided.
Rule(s) applicable
IRPCAS and RRS 62.1
Decision

* As the contact by USA Bow 11 with the camera boat was not through no fault of her own, redress is not given. RRS 62. 1


15 Jan 2015 20:10
Jury Members
Rut Subniran THA IJ (Chairman), Benedict Fels AUS IJ, Bill Bell AUS IJ, Boguslaw Moczorodynski POL IJ, Hans Peter Hylander SWE NJ, Rut Subniran THA IJ

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