I disagree with S not being reasonably possible to avoid contact. They made virtually no attempt to alter course...
At time 0:36, M87 (on port tack) turned down to sail in front of H7 (on starboard tack). At time 0:37, they made contact.
In that one second, just how much do you think H7 could have done? Even if she took no time at all to assess the situation, and put the helm hard over, at 7+ kts boatspeed they'd almost certainly still collide.
Remember that a right-of-way boat need not act to avoid contact until it is clear that the other boat is not keeping clear. See RRS 14(a) and ISAF Case 87.
Given the video shown, I'd be very surprised if any jury penalized H7. This is about as cut-and-dried as it gets.
I hope that helps,
Eric
US SAILING Certified Judge
Chair, SAYRA Appeals Committee
Admittedly, without the video, it would be very difficult to determine this.
However, at 0:33, H7 rounds the offset and M87 (and another boat on port) are already in the frame - about 3 boatlengths away. H7's only way to avoid collision is to head up - and instead, they bear away.
Watch the port boat behind M87 and the two starboard boats behind H7. They managed to avoid a collision, why couldn't H7? Because he had his head in the boat - when there were not one, but two port boats on a collision course.
"Not reasonably possible?" Not when you t-bone someone dead square amidships at a right angle - and when there are other boats that manage to avoid a collision in similar circumstances.
I'm very well aware of 14(a) and Case 87. Take a look at Case 123. This one doesn't pass the sniff test when you look at the video. DSQ RRS 14(a).
Matt Bounds
US Sailing National Race Officer
US Sailing Regional Judge
