WHEN A DSQ BECOMES A DNF
March 30, 2010
WHEN A DSQ BECOMES A DNF
By Jos M Spijkerman, International Umpire/Judge
Summary of the Facts
Between the preparatory and starting signals, Ephesian on starboard tack and
Jupa on port tack approached each other head-to-head. Both boats were heavy
keelboats, 33 feet (10 m) long. Neither boat was aware of the other. The
bowmen on both boats, who normally would have been stationed by the
forestay, were handling their genoas, and no other crew members were keeping
a lookout. Ephesian was moving slowly with limited manoeuvrability. They
collided, causing serious damage to Jupa, who therefore retired. In the
resulting protest, Jupa was disqualified under rule 10 (opposite tacks), and
Ephesian was disqualified under rule 14 (avoiding contact). Ephesian
appealed, claiming that she could not have avoided Jupa by changing course
or speed.
Decision
Rule 14 begins ‘A boat shall avoid contact with another boat if reasonably
possible.’ This requirement means a boat must do everything that can
reasonably be expected of her in the prevailing conditions to avoid contact.
This includes keeping a good lookout, particularly in a crowded starting
line situation.
The protest committee concluded that if either boat had seen the other a
collision could have been avoided, even at the last minute, particularly if
Ephesian had hailed Jupa when it was clear that Jupa was not changing course
to keep clear. Until that moment, rule 14(a) allows a right-of-way boat to
delay acting to avoid contact. It follows that at that moment she must begin
to act in an effort to avoid contact. The word ‘act’ is not restricted to
changing course or speed. Hailing was an action that Ephesian could and
should have taken. Ephesian broke rule 14. Because the collision resulted in
damage, the protest committee’s decision to disqualify Ephesian was correct
(see rules 14(b) and 64.1(a)). Her appeal is therefore dismissed.
Clearly, Jupa broke rule 10. As a result of the serious damage she suffered
in the collision, she retired from the race and thus took the applicable
penalty (see rule 44.1(b)). Rule 64.1(b) prohibits penalizing her further.
The disqualification of Jupa is reversed and she is to be scored DNF.
Source: http://rrsstudy.blogspot.com/2010/03/pillowcase-of-week-9-107.html
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