Protest, MLS 15, red server, day 4 race 3

[FIDUCIT_III]

Submission Type: Protest

1. Your registered boat name: FIDUCIT III VSKFunsters

2. Group: red

3. Race (number): 3

4. Time of incident (in replay): 26:22 til 26:30

5. Rule(s) applicable: 18.2A, 16.1, 2

6. Boat(s) involved: AlexGr HDT, Kabliaris HDT

7. Description: Fiducit fetching the mark on starboard tack, Kabliaris also on stb tack behind and a little windward of Fiducit. AlexGR tacked from stb to port in front of me and got a 10. He slowed me caused by the collision. Kabliaris beared down established an overlap caused by low speed of Fiducit. After he established the overlap he luffed just to pen me.I had no time to react seamanslike. Kabliaris didnt sail close hauled course to the mark just for giving the pen. Good to see in the replay.
I ask for redress depending on the result of El Moro. He was just in front of me before the incident.

8. Print Screen attached (required for a manual protest): Y

9. Replay attached (recommended):Y

[euphoria]

Facts:
Fiducit on starboard sailed straight into AlexGr on port. Then Kabliaris established overlap to leeward of Fiducit and luffed to a course higher than the next mark. Fiducit was not able to keep clear. Fiducit took a penalty turn.

Conclusion:
Kabliaris did not give Fiducit room to keep clear and broke rule 16.1.
Fiducit did not get her score significantly worse through no fault of her own as she
- could have bore away to avoid contact with AlexGr, and
- volunteered to take a penalty.

Decision:
Kabliaris to be disqualified in the race.
Fiducit not entitled to redress.

The protest committee