We had our first arbitration hearing at Tugboats after the racing on Monday May 17th. The arbitration panel was Norm Smit and Bill Sheldon. If you look at the sailing instructions for this year Section 11 on Protests has been modified. Go to the SSSS Star Web page to see the full text regarding arbitration. 

There were two protests Corvus protested Alcor and Alcor protested Corvus for two separate incidences on the course. The Corvus protest was heard first. When asked if Corvus hailed protest to Alcor at the first reasonable opportunity the answer from Corvus was no. Therefore, the Protestee was not informed in accordance with 61.1(a), so the protest was not deemed valid and was not heard. Next was the Alcor protest. It was found that Alcor did indeed hail protest and informed the RC of her intent to protest as required in the sailing instructions, so her protest was deemed valid and was heard. This is an important requirement of the rules that the word PROTEST is hailed. I recommend that this is the only thing you say when you believe someone has fouled you. This way if it goes to a hearing it will be a valid protest provided you inform the RC after that race as required in our sailing instructions.

For the protest of Alcor vs. Corvus the following facts were found.

1. The wind was from the west at about 15 knots
2. Alcor was approaching the windward mark on port tack and Corvus was approaching on starboard tack just above the starboard lay line (position 1).
3. Alcor tacked inside the zone in front of Corvus. After her tack was complete Corvus luffed to avoid Alcor’s stern, but not above close hauled (position 2).
4. Courvus remained overlapped to windward as they approached the mark (position 3).
5. Alcor rounded the mark wide leaving about a half boat length between her and the mark. Corvus ducked Alcor’s stern and established a late overlap between Alcor and the mark (position 4).
6. Alcor could not sail her proper course by the mark and had to haul in her main to avoid contact between her boom and the shroud of Corvus. Alcor hailed protest (position 5) for not giving mark-room. 

The rules that apply:

When the boats are on opposite tacks at the windward mark rule 10, Opposite Tacks, applies and rule 18, Mark Room, does not apply by rule 18.1(a). Therefore, Alcor is required to keep clear and is not entitled to mark-room. As Alcor passes head to wind she must keep clear of Corvus until she is on a close hauled course by rule 13, While Tacking, and once her tack is complete she must provide room for Corvus to keep clear by rule 15, Acquiring Right of Way. 

After Alcor completes her tack Corvus must keep clear by rule 12, On the Same Tack not overlapped, and after she becomes overlapped to windward she must keep clear by rule 11, On the Same Tack Overlapped. Because Corvus obtained her overlap to leeward at position 4 from clear astern, she must not sail above her proper course by rule 17, On the Same Tack; Proper Course, while they remain on the same tack and overlapped .

Because Alcor was subject to rule 13 in the zone, and Corvus was “fetching” the mark rule 18.3 applies and 18.2 does not apply. Rule 18.3 requires the boat that tacks in the zone to not cause the other boat to sail above close hauled, and she must give mark-room to the other boat if she becomes overlapped inside her.

Conclusions based on the facts found:

Alcor completed her tack inside the zone in compliance with rules 13 and 15 and Corvus complied with rules 12 and 11 after the tack was completed by keeping clear. When Corvus became overlapped inside at the mark Alcor provided mark-room by sheeting in her main and avoiding contact as required in rule 18.3. Corvus did not sail above her proper course and complied with rule 17. Therefore, the protest was disallowed. 

As you can see this one incident at the windward mark encompassed just about every rule in the book and the entire event probably took at most 10 to 15 seconds. An important side note, which was a point of discussion during the arbitration hearing; if the fact had been found that Alcor tacked outside the zone, then Corvus would have been penalized for not giving mark-room as required by rule 18.2, Giving Mark-Room. So it is important to have a clear understanding of where you are tacking when approaching the windward mark.