Tyco off the hook
Case 6, Hearing 10h00 9th January 2002 at the Royal New Zealand Yacht Squadron.
NEWS CORP protested TYCO, claiming she infringed the Sydney Hobart (SH) Sailing Instruction (SI) 43.2.
The only disputed validity requirement was that of whether the protest was lodged in time.
The Sailing Instructions were not clear on the issue as to whether the Volvo Ocean Race Committee was required to apply a score of 'DNF' ('did not finish') to a boat breaking SH SI 43.2. It was reasonable for a boat to believe that the Volvo Ocean Race Committee would apply a 'DNF'.
NEWS CORP attempted to establish whether the VOR RC was going to apply the 'DNF' score, which NEWS CORP believed to be applicable.
When learning of the fact that the Volvo Ocean Race Committee would not apply the 'DNF' score to TYCO, NEWS CORP lodged an application for redress, which was considered by the Volvo Ocean Race International Jury on 7th January.
At that hearing, the jury determined that the scoring of 'DNF' in SH SI 43.3 did not apply to the Volvo Ocean Race Leg 3.
On being informed of this decision, NEWS CORP lodged a protest against TYCO at 18h23 on the same day.
The jury is satisfied that the above constitutes good reason to extend the time limit under Racing Rule 61.3 and Standard Sailing Instruction (SSI) 10.3.
The protest is therefore valid.
In view of the decision of the SH jury, TYCO accepted that she had infringed Volvo Ocean Race Leg 3 SI 300.19.1 which required boats to comply with SH SI 43.2.
Submissions as to an appropriate penalty were received from NEWS CORP, TYCO, ILLBRUCK, SEB and ASSA ABLOY.
RATIONALE ON PENALTY
1. TYCO was required by Volvo Ocean Race Leg 3 SI 300.19.1 to comply with SH SI 43.2 which required boats to report by SSB radio within 60 minutes of passing latitude 371⁄4 15' South.
2. TYCO reported at 67 minutes.
3. TYCO made every effort to attempt to make their SSB radio operational during this time.
4. TYCO did not gain any advantage by the delay in reporting.
DECISION ON PENALTY
TYCO infringed a VOR Leg 3 Sailing Instruction and a penalty will therefore be imposed.
Having regard to the above rationale, a place penalty is inappropriate.
In SSI 1.7, the Organising Authority has given the jury a framework of penalties, with a maximum financial penalty of £1000 for this type of infringement where no boats' position in the race was affected. Within this scale the jury imposes a £500 fine, which is to be paid to the Organising Authority before the start of Leg 4.
Bryan Willis Chairman International Jury
Jury: Doug Elder (NZL), Lister Hughes (AUS), Tony Mooney (AUS), Geoff Myburgh (RSA), Bryan Willis (GBR)
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