Case 7 Volvo Ocean Race Committee v SEB not upheld

by Volvo Press Realease on 31 Mar 2002 The International Jury convened today, Saturday, March 30th, in Miami, to
hear the protest brought by the Volvo Ocean Race Committee against SEB for
having caused serious damage to herself during a collision with illbruck
on leg five.

The Facts

1. SEB performed a 720-degree turns penalty in acknowledgement of breaking
rule 10 and 14 on the first day of Leg 5 as a result of a collision
between SEB on port tack and illbruck on starboard tack.

2. SEB continued racing and finished fourth in leg five, moving from last
shortly after the collision with illbruck.

3. The collision caused damage to SEB. The damage to SEB's hull falls
into two categories. First, the sacrificial, non-structural foam
collision bow and related skins were damaged. Second, a hole
approximately 30 mm in diameter was made in the hull above the static
water line.

4. Some water entered the bow through the hole.

5. The crew effected temporary repairs to the hole, preventing further
infiltration of water. This repair took less than three hours.

6. SEB was able to continue racing with no significant impact upon her
performance. The loads placed upon the boat caused no further damage.

7. There were no injuries to the crew on either illbruck or SEB.

8. Permanent repairs to SEB are estimated to take less than 40 man-hours.


Conclusion

The damage had no significant impact on SEB's performance. SEB was able
to continue racing safely. The cost of repairs is minimal in comparison
with the total value of the boat.

The boats are designed and constructed to withstand damage far beyond what
could be anticipated in close-to-shore racing. The design and construction
of the boats must be considered when determining whether damage is
'serious.'

The damage to SEB is not considered 'serious.'

Decision

The protest is not upheld and SEB shall retain her 4th place finish in leg 5.


Stephen Tupper. Chairman - International Jury

Jury Members: Charles Cook USA, Barbara Farquhar USA, Bo Samuelsson SWE, Stephen Tupper CAN, Lorenz Walch GER.


PERTINENT SAILING INSTRUCTIONS:


1.6 PENALTIES FOR BREAKING RULES (AFFECTING RRS 44.)

1.6.1 RRS 44.1 Taking a Penalty. A boat that may have broken a rule of
Part 2 or when appropriate the steering and sailing rules of the
International Regulations for Preventing Collisions at Sea, while racing
may take a penalty at the time of the incident unless the Leg Sailing
Instructions require the penalty to be taken at a specific time or
position. Her penalty shall be a 720 Turns Penalty. However, if she
caused serious damage or gained a significant advantage in the Race by her
breach she is not required to retire but will be protested by the Race
Committee and may be penalised by the International Jury. [See SSI 1.7.2
(c) (ii)].

1.7.2 Jury Penalties

(c) Penalty for breach of RRS Part 2, or International Regulations for
Preventing Collisions at Sea.

Penalty:

(i) If 720degree turns penalty is not executed and no collision and/or no
significant damage or significant injury occurred - 2 place penalty.

(ii) Serious damage or serious injury - 5 place penalty or
disqualification

Decision issued at 1540 March 30, 2002.


Immediately after the hearing, SEB skipper Gunnar Krantz commented, “ I am
very happy, it was fair judgement of the protest. It would have been devastating if we had been penalised. I think it was a fair outcome. The
jury did a very, very good job. They took everything into account and it was a very fair judgement. It was very professionally organised.”


Email: press@VolvoOceanRace.Org

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