America's Cup 32 - THAT Incident in replay- UPDATED
by Richard Gladwell, Sail-World.com on 4 Aug 2007

Mark 3 Penalty incident. Alinghi bears off with starboard rights, but can sail no lower than 90 degrees away from the wind. The grid lines are set at 90 degrees to the wind direction, and if correct show that Alinghi was very close to sailing below this point. There is also the question as to how much more NZL-92 could do to avoid the starboard tacker who had changed course. AmericasCupAnywhere.com
www.americascupanywhere.com
The incident between NZL-92 and SUI-100 just before the windward mark at the end of Leg 3 on the final race of the 32nd America's Cup continues to be discussed.
Our understanding of the rules is that as the right of way boat, SUI-100 on starboard was entitled to bear away to attack NZL-92.
Note that under the Match Racing Rules and America's Cup Notice of Race and Sailing Instructions, the rules have been modified so that some tactics which are not permitted in a fleet racing scenario are permitted in match racing in the America's Cup.
In this instance SUI-100 is entitled to bear away to a maximum point where she is 90 degrees from the true wind angle.
At the time of the incident Sail-World did some calculations based on the GPS positions and data and found that SUI-100 came down to 87.5 degrees away from the true wind angle - so at that point she was still legal.
NZL-92 as give way boat had to avoid SUI-100. Initially she chose to cross ahead of the bow of SUI-100, which was made much more difficult for her to do by the bear away action on Alinghi (which is quite legal).
At that point, with Alinghi committed to and holding a steady course, NZL-92 could either bear away further and hope that she could cross ahead of Alinghi (which also accelerates through her bear away action - making the cross ahead much more difficult).
Our understanding is that NZL-92 could at that point have elected to cease her bearaway action, and luff to stay to windward of Alinghi (and virtually head for the mark). Alinghi cannot alter course a second time in a way that would require NZL-92 to take further avoiding action to keep clear.
Unfortunately she did not do this and stayed locked into the bow-crossing option which because of Alinghi's acceleration became much more difficult, and ultimately failed when Alinghi had to luff to avoid and was rightly penalised.
You can see a replay of this incident and hear Peter Isler's explanation of it and rules on www.youtube.com and search for America's Cup Race 7 then pick up clip 7 of 9 and you will get the replay.
This is the US commentary, so for non-US residents this will be a new commentary team and perspective. they also discuss the penalty on the finish line in a later clip.
Brad Dellenbaugh, Chief Umpire for the America's Cup, comments on Sail-World's explanation of the incident:
That's a pretty accurate account. However, if ETNZ did change course and luff to windward of Alinghi, which is what the umpires expected, Alinghi would have been permitted to change her course again and perhaps dial-up ETNZ, provided that in doing so she allowed room for ETNZ to keep clear. And certainly ETNZ would have received significant 'protection' from any further change of course by Alinghi.
The fact that Alinghi held her course for quite some time and that she did not sail below 90 degrees to the wind required ETNZ to do something more than what she did to keep clear.
Brad Dellenbaugh
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