As many competitors are aware, during Race #2 of the Summer Series, Impromptu was fouled by Ceann Saile in a collision. Both boats received damage as a result of the collision, Impromptu's stern pulpit was detached from their hull by Ceann Saile's prod, which ultimately snapped in half.
Ceann Saile immediately accepted responsibility for the incident on the water. They retired from the race, accepted the foul when the protest was filed by Impromptu, and have worked directly with Impromptu to resolve the damages to their boat.
Impromptu filed both a protest, and a request for redress, as a result of the event. Both were brought to the attention of a group of judges by HBR and were ultimately heard by National Judge's John Dieselman and Jason Maher.
The protest was determined to be valid, and as Ceann Saile retired from the race and accepted the foul, there was no further penalty to incur, and the protest was closed.
The redress request was filed to recapture the roughly 3 minutes Impromptu lost in the race dealing with the aftermath of the collision: no crew were injured, their stern pulpit was damaged, their lifelines were intact, their steering ultimately was functioning. The judges were also asked to consider that Impromptu was not able to compete in 2 of the races of the series due to the damage; also taking into account that Impromptu served RC duty during the Race #3 of the Summer Series and the effect on their RC points due to our scoring system (average points of the races of the series).
The Judge’s ruling was as follows: Impromptu did not qualify for redress of time lost during the race due to the collision. They cited: World Sailing Case 110 which stipulates that for redress the damage must worsen the performance of the boat (which on Impromptu's account, it did not). And RRS 62.1(c) allows for redress when giving aid, except to yourself.
The Judges further ruled that, should Impromptu race in tonight's Race #5 of the Summer Series, they will have completed more than half the races of the Series and thus will be granted redress to receive their average points of the races they were able to sail for the missed race #4.
Lew Marten, skipper of Impromptu during the incident and representative during the hearing, accepted the Judge’s decision and reported to be satisfied with the decision.
Per RRS 63.2, the B Fleet was invited to participate in the redress hearing, Dave Smookler from Melody was present during the hearing and provided a statement that the time Impromptu spent recovering from the collision was significant. HBR Board Member and Rules Chair Kevin Moylan of Tempo was also present during the hearing and a witness to the event, and stated that the 3 minutes estimated by Impromptu was being generous (on the short side).
HBR is thankful to the Judge's for their time and thoughtful consideration of the facts of the case, as well as to their citation of precedent cases and the applicable rules in their decision.
We're looking forward to seeing Impromptu back on the racecourse tonight for Race #5 of the Summer Series!
Reported by Tom Curtis, Magpie, President, Hingham Bay Racing
