Please select your home edition
Edition
Ancasta Ker 40+ 728x90

America's Cup- Significant win for Emirates Team NZ in Jury Room

by Richard Gladwell on 9 Oct 2012
Emirates Team NZ’s AC72 sailing on hydrofoil daggerboards. the bigger volume boards permitted under the Jury Interpretation will allow her to foil earlier and in a more stable flight. Here she is sailing almost directly downwind in a light 10-12kt breeze Richard Gladwell www.photosport.co.nz

Emirates Team New Zealand have been handed a small but very significant victory by the International Jury for the 34th America's Cup.

In a decision dated October 7, 2012, the Jury has ruled on an application lodged by the New Zealand team on September 24, 2012, which queried a Public Interpretation given by the Measurement Committee.

That in turn was a clarification of an earlier Interpretation given by the Measurement Committee on July 12, 2012 - a week before Emirates Team NZ's AC72 was first unveiled and launched. She has now been sailing over two months, foiling on her fourth sail.

It is that foiling ability which appears to be at the heart of the very intricate rules interpretation given by the International Jury.

The simple question centred around whether an AC72 had to be presented in her measurement condition, with the daggerboards raised or lowered.

The Measurement Condition is an official phrase for a state of floatation of the AC72 where each hull must displace 45% or more of the total volume of the catamaran.

Emirates Team NZ's view was that the rules stated there were two measurement modes - one with the AC72 in Measurement Condition to determine the volume of water displaced by the hulls (which has to be at least 45% each).

The second measurement is MWP (the floatation plane when the AC72 is in Measurement Condition - effectively the Loaded Waterline Measurement - which is used to calculate the maximum wingsail height and other measurement points above the MWP datum).

Due to sloppy rule drafting the class rules could be literally interpreted to read that the AC72 was in one mode for the Measurement Condition calculations (ie checking that the hulls each displaced more than 45% of the total displacement).

The boat could then be remoded for the second measurement calculation of the MWP.
The point at issue being that in the first measurement (Measurement Condition) Emirates Team NZ argued that their daggerboards could be raised, and then lowered for the second calculation (MWP).

Positive Flotation

Daggerboards produce positive flotation when lowered, and it had been calculated that if the AC72 was measured (for MC), with the daggerboards in the lowered position then the volume of the daggerboards could be no more than 225 litres - which is quite minimal for hydrofoiling, and would make flight more difficult.

If that daggerboard volume was exceeded, then it was likely the the hulls would not meet the 45% minimum displacement requirement.

By being able to measure the AC72 with bigger daggerboards, designed to allow the AC72 to hydrofoil more easily, and for those daggerboards to be raised - therefore not affecting the MC calculation to the same extent, Emirates Team NZ have gained a significant advantage over teams who have opted for smaller daggerboards in the lowered position.

The International Jury agreed with Emirates Team NZ's literal view of the rule, the Measurement Committee had erred, when they had made an interpretation based on their 'perception of the intention of the original authors'.

The International Jury took the view that teams were entitled to take a literal reading of the rules rather than have to take into account the perceived intention of the rule writers.



Oracle and Artemis oppose

The America's Cup Defender Oracle Team USA and the Challenger of Record, Artemis Racing sided with the Measurement Committee's view.

Oracle said in part 'ETNZ have built boards whose volume is greater than what is allowed in rule 1.4(k). It seems that after failing to have the measurement weight of the yacht increased for calculating displacement to make their hulls and appendages legal, they are now trying to create compliance by having the weight of the appendages count but the volume of the appendages set aside. '

Artemis Racing claimed that the 'Application was an attempt by ETNZ to change the AC72 Class Rule to suit their own interest'.

Luna Rossa, who have purchased a basic hull design package from Emirates Team NZ, believed to be similar to the AC72 currently sailing, which would have been orientated for bigger volume foiling daggerboards, agreed with the position taken by Emirates Team NZ.

Team Korea, although entered as a valid Challenger, did not make a submission that was reported by the International Jury.

America's Cup Race Management backed the Emirates Team NZ case saying the case had 'arisen due to inconsistencies in the drafting of the Class Rule.' The race organisers submitted that 'when drafting the Protocol it was considered important the competitors be able to rely completely on the Class Rules as drafted ......and not to be prejudiced by new rules unless they have consented to them, even if the outcome of applying the plain language used in the Class Rule has an unintended outcome.'

'CRM also submitted that the history of the America's Cup had many examples of technical innovations exploiting provisions of the Class Rule not considered when it was drafted 'and is often accompanied by determined efforts on the part of other competitors to outlaw the innovation. Innovation of one competitor is rule breaking to another.'

ACRM noted that in issuing the latest Public (Rule) Interpretation the Measurement Committee had 'acted in good faith and endeavoured to interpret the AC72 Class Rules in accordance with their view of the intent of the Rules and avoid an outcome that was not intended.'

Jurisdiction exceeded

In its Decision the International Jury found that the Measurement Committee had exceeded its jurisdiction when it had effectively amended a class rule, by way of an Interpretation, and was directed to withdraw it.

The Jury concluded by saying that that daggerboards may be retracted when calculating the percentage of displaced volume of the canoe bodies when determining compliance with the definition of 'hull'.

ACRM submitted that as the issue had arisen from a drafting oversight that competitor's costs should lie where they fell, and not paid by the erring party - as is normally the case.

Had the decision gone against Emirates Team NZ, they would have been forced to discard two of their daggerboards, believed to cost $400,000 each, and would have wasted two of their count of 10 foils permitted under America's Cup Rules.

Their AC72 would not have been able to foil as easily and steadily as it does currently.

Waterfront scuttlebutt has it that the ETNZ AC72 has been able to gybe while fully foiling at speeds of 40knots - which if true is rather impressive.

Oracle and Artemis are now in the situation where they have to consider the value of going to bigger foils.

The http://noticeboard.americascup.com/wp-content/uploads/2011/08/JN051.pdf!Decision_of_the_International_Jury cannot be appealed.

For Martin Tasker's report on TVNZ http://tvnz.co.nz/sailing-news/jury-decision-boosts-team-nz-video-5124078!click_here

Barz Optics - Kids rangePredictWind.com 2014RS Sailing 660x82

Related Articles

She’s still here with us, and now we can be there for her
Of the many endearing qualities in Lisa Blair, the one that is paramount is her effervescence. Of the many endearing qualities in Lisa Blair, the one that is paramount is her effervescence. Yet it is what lies behind that which could be her most incredible characteristic. Sometimes you can almost overlook her steely determination, but not for long when you start talking with her. Catching up with her live from Cape Town surely was a vivid reminder of not only what this sailor can accomplish
Posted on 24 Apr
Gladwell's Line - Timeout in Bermuda and a decision OTUSA will regret?
With Emirates Team New Zealand's AC50 now in Bermuda and being re-assembled, it is time to take a breath With Emirates Team New Zealand's AC50 now in Bermuda and being re-assembled, it is time to take a breath from what has been a hectic couple of months, both in Auckland and Bermuda. The third major Practice Session has concluded in Bermuda. This was conducted almost entirely if winds of around 16-25kts - starting to get close to the top end of the range for the AC50's.
Posted on 20 Apr
America's Cup - Glenn Ashby on hitting the AC50's sound barrier
These boats are incredible. The performance that can be achieved in light airs is the amazing thing. The big difference between the AC72, the America's Cup Class, used in the 2013 America's Cup in San Francisco and the smaller AC50 to be sailed in Bermuda, lies in their light and medium air performance. 'These boats are incredible. The performance that can be achieved in light airs is the amazing thing. In 7-8-9-10 knots of breeze, you are sailing at 30kts at times.
Posted on 18 Apr
America's Cup - Bernasconi on expected winning factors in Bermuda
ETNZ's Technical Director, Dan Bernasconi has let out a few clues as to where he thought the differences might lie Emirates Team NZ's Technical Director, Dan Bernasconi has let out a few clues as to where he thought the differences might lie once the six teams entered in the 35th America's Cup. 'We have had a great run', he says. 'We've had a few hiccups along the way, as always. But the boat is going really well. We are getting through manoeuvres very well. And we think our straight line speed is good.'
Posted on 18 Apr
A Q&A with Nicole Breault about women’s match racing in the USA
I caught up with Nicole Breault to learn more about women’s match racing in the USA and about her upcoming Clinegatta. I caught up with Nicole Breault to learn more about the state of women’s match racing in the USA, and to also hear more about her upcoming Clinegatta, which is set to unfurl on the waters of San Francisco Bay this July, and which could be a great resource for other talented female match racers who are looking to sharpen their skills.
Posted on 17 Apr
America's Cup - Team NZ return fire at Coutts' social media bullets
Emirates Team New Zealand have corrected the allegations made by America's Cup organisers Emirates Team NZ have corrected the allegations made by America's Cup organisers in a media release on Thursday (NZT) over the team's daggerboard use. In the release, replayed by America's Cup Events Authority and Oracle Team USA CEO Sir Russell Coutts on his Facebook page. It was claimed that the Kiwi team had an issue with daggerboards and were using a rule they had not supported to keep sailing
Posted on 2 Apr
A Q&A with Charles Pessler, the regatta director of the legendary STIR
I corresponded with Charles Pessler, STIR’s regatta director, to learn about the event’s recent changes and evolutions. I recently corresponded via email with Charles “Chuck” Pessler, who is serving as the regatta director of the legendary STIR, to learn more about the changes and evolutions that have taken place at the event since my 2010 trip to racing paradise.
Posted on 22 Mar
New Pacific 52 class makes its debut in San Francisco
The first of two new-build Pacific 52's from Auckland's Cookson Boats is now sailing in San Francisco. The first of two new-build Pacific 52's from Auckland's Cookson Boats is now sailing in San Francisco. Invisible Hand for San Francisco's Frank Slootman replaces his earlier RP63 of the same name. She will soon be joined by a second Cookson build, Bad Pack (Tom Holthus) from the same moulds. A third, RIO 52 is for RIO 100 supermaxi owner Manouch Moshayedi.
Posted on 18 Mar
A Q&A with Chris Woolsey, regatta chair of the Miami to Havana Race
I talked with Chris Woolsey, regatta chair of the Miami to Havana Race, to learn more about this exciting race to Cuba. The 2017 Miami to Havana Race is set to begin on March 15 and promises high adventure-both sailing-related and cultural-for the sailors lucky enough to be participating in this historical-and for now legal-race. I talked with Chris Woolsey, regatta chair of the Miami to Havana Race and SORC race chairman, to learn more about this exciting race to Cuba.
Posted on 13 Mar
Gladwell's Line - Of Carnage, Characters and Colour
About this time of an America's Cup season, the sap begins rising as new boats are launched About this time of an America's Cup season, the sap begins rising as new boats are launched, and Cup fans get their first sight of the various team designers' response to the latest America's Cup Class rule. In the monohull days, of course, we initially only got a partial glimpse thanks to the shrouding practices adopted by all teams to hide the nether regions of their America's Cupper
Posted on 13 Mar