VSKsailing.rocks

Submission Type:
Protest

1.Your registered Boat Name:
Freja (batboat is writing)

2.Race Day:
3

3.Group (colour):
Green

4.Race (number):
1

5.Time (in Replay):
17.59

6.Rule(s) applicable:
22.2 / 2

7.Boat(s) involved:
Freja and Sailor

8.Description:
Time 17.32 Sailor received a penalty 18.2.A (by umpire) by a mark rounding on downwind. After rounding the mark, Sailor is clearly ahead. Sailor is on port (spinaker). Sailor gybes time 17.42 from port to starboard and gybes back to port, time 17.47. From time 17.54 to 17.58 Sailor luffs up. 17.58 umpire triggers a rule 11 for Freja.
Sailor must keep clear when he must take his punishment, cf. rule 22.2. At the same time, it is not seafaring correct when Sailor gybes twice and subsequently luffs Freja up (when he has a penalty).
Sailor should get DSQ, cf. rule 22.2 and the judging committee should consider rule 2 due to the course of events, where it looks like an unreasonable and gross punishment against Freja.

9.Print Screen attached (required for a manual protest):
Yes

10.Replay attached (required):
No

Was my mistake, i'm sorry. If I am now punished with DSQ, that's fine. But if Freja invokes rule 2, he is wrong. At the start he gave me a pen that he could have avoided.
regard, stay healthy WiL

Facts:
Sailor-GER clear ahead of Freja has an outstanding penalty.
Sailor-GER gybes twice and becomes overlapped to leeward of Freja.
Sailor-GER luffs hard, Freja luffs to keep clear, but the boats crash.
Freja receives a penalty from the VSK umpire under rule 11 which he cancels.
Sailor-GER continues to luff and tacks and gybes.

Conclusion:
Sailor-GER luffed without giving Freja room to keep clear, hence broke rule 16.1. Sailor-GER was initially clear ahead, and could have taken his penalty turn either way, as there were no other boats nearby. Instead, Sailor-GER first gybed to starboard, then back to port, interfering with another boat instead of sailing well clear before turning. This is clearly against the recognized principles of sportsmanship and fair play, hence a violation of rule 2.
Sailor-GER to be scored DNE in the race.

MLS Protest Committee