Although ISAF has not published the cases yet, US Sailing has published their appeals updated for the 2009-2012 rules. These appeals complement the ISAF Cases but they only have standing in the US, although I'm sure others use them as well. Until ISAF publishes their case book these are the most definitive interpretation of the rules that we have. Above I've posted Appeal 20 both old and new. This is similar to our scenario 2. Read the two cases and you will see how the rules have changed in nuance, but not in the result on the water. Also note the difference in the Rule 14 determination in the two decisions.
If you are a member of US Sailing you can download a copy of the new appeals at http://www.ussailing.org/appeals/ If you are not a member of US Sailing, but a member of our Star fleet, contact me and I'll get you a copy of the appeals.
If you are a member of US Sailing you can download a copy of the new appeals at http://www.ussailing.org/appeals/ If you are not a member of US Sailing, but a member of our Star fleet, contact me and I'll get you a copy of the appeals.
After reading the appeals above answer the following questions:
1. How are the facts the same or different between Appeal 20 and Scenario 2?
2. Does this appeal impact how you would decide the case in scenrio 2?
Ok, I will try to answer this provided one smarter than I follows with comments explaining my faulty explanation. Of course I am just addressing the issue of a penalty under rule 14 and not other rules that may apply to yellow and blue in Scenario 2.
ReplyDeleteUnder the old rules, as stated in Appeal 20, both boats. OL and IW, break 14 and then both are let off the hook for a penalty under 14 by 14(b) since they are either the ROW boat or a boat entitled to room.
Under the new rules in Appeal 20 the IW boat does not escape a penalty under 14 because she is taking more room to sail “TO the mark” than she is entitled to under 18.2(b) by the new definition “Mark Room".
In our Scenario 2 the difference is that Yellow, the IW boat, is not taking more room than she is entitled to under 18.2(b) and the definition of Mark Room and so she has the protection of 14(b) when there is contact but no damage or injury.
In Scenario 2, albeit late B bears away from a course to or above the mark to give Y room to sail to the mark. In Appeal 20 there is always ample room fo rI to sail to the mark.
ReplyDeleteAppeal 20 would have no effect on the way I would decide Scenario 2.
There is no change in rule 14: what the New Appeal 20 is telling us is that Old Appeal 20 was wrongly decided, and that IW should NOT have been penalised for breaking rule 14.
However, there is an interesting point that Appeal 20 decides (in the USA at least) which is that a boat that is entitled to room or mark-room is protected from penalisation under rule 14(b) _even if she is taking more room than she is entitled to_. Perhaps Rule 14(b) needs to be amended to read '... right of way boat or a boat taking room or mark-room to which she is entitled."
Oh boy. I totally was not paying attention and answered the question reading the new Appeal 20 thinking it was the old Appeal 20 and the old Appeal 20 thinking it was the new Appeal 20.
ReplyDeleteBack to the drawing boards for me.
Well, it's better I make such a mistake here than in the protest room.
Hi,
ReplyDeleteI am Axel Hampe Stars 7545 and 8311Could You help me getting the newest appeals
Axel Hampe
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