Gladwell's Line- America's Cup - Battle by Affidavit

by Richard Gladwell on 28 Sep 2009
Another couple of Affidavits hit desk of Justice Shirley Kornreich, in the New York Supreme Court, last week. They are the latest in a building storm over the rules to be used for the upcoming America's Cup, scheduled for Ras al Khaimah in early February 2010.

Rules are a fundamental part of yacht racing, without them you don't have an event.

In America's Cup terms, the minutiae of the rules are vitally important, and have a significant impact. A word here, a phrase there and you have a potential for design advantage, and the winning of the most prestigious and oldest trophy in sailing.

This America's Cup is different from all others that have gone before it. To sailing aficionados it will settle the time old argument that the America's Cup should be sailed using the fastest boats possible and that it should be a battle of sailing technology, and not that of match racing in lead bellied leviathans.

The Golden Gate Yacht Club lodged their Challenge in July 2007, just a week after that by the now disenfranchised Club Nautico Espanol de Vela, the self titled 'legal adjustment' designed to accommodate various agendas regarding the 33rd America's Cup.

After a year of legal argument the Appeals Court of the State of New York decided that the meaning of the word 'having' (as in 'having for its annual regatta') was past tense only in respect of the Deed of Gift for the America's Cup, and as the unfortunate CNEV had not already held an annual regatta, then they were not a valid Challenger, and had to stand aside in favour of the second Challenge, Golden Gate YC, which did comply with the requirements of the Deed of Gift.

As an aside, the Appeal Court could not resolved whether in itself, 'having' had a past or future tense meaning in terms of the Deed. It could be read both ways with different effect. So, the Court looked at the meaning of another word, which referred to a second criteria for a valid Challenger 'organised' as in 'any organised Yacht Club of a foreign country...' and determined that verb could only make sense with a past tense meaning, so therefore having was also past tense.

Just one word can make a huge difference

The current legal epicenter revolves around the measurement of Load Waterline Length ( a term almost unique to the America's Cup in terms of yacht measurement), and the meaning of the words 'not exceeded' (as in dimensions shall not be exceeded').

For those not so well versed in yacht design and sailing physics, waterline length is the most basic factor determining a yacht's speed. Yes, there are exceptions, but generally speaking the longer the waterline length, the faster the yacht will be. To try and keep the size of yachts under some control, various rating systems have been developed since the inception of yacht racing. Most, if not all, make some attempt to measure the length of the waterline.

Sounds simple enough, just stretch a measuring tape between the start and end of the waterline, and write down the measurement.

But how do you find the two measuring points?

The front, or bow, measuring point is simple enough. It's the point where the bow cuts the water. OK, so put a mark at that point. Now go back, for the aft measuring point. Where should that be? The point where the yacht's hull comes out of the water? What if she has a rudder several feet behind that point? Do you take that position?

What if you have a trimaran, like BMW Oracle Racing, to you take the furthest point forward on the yacht - which might be the bow of the middle hull, and then is it the the after point on that same hull? Or, or do you jump across to the aftermost point on the rudder out on one of the ama, or floats? It's all one boat isn't it? So can you jump from one hull to another, or not?

The way designers 'cheat' these waterline measurements is by designing a waterline that will be seen by the measurers as being a short as possible, while having long sections of the hull which sit just clear of the water, but are immersed when sailing. The overhangs effectively increase the waterline length, and thus the potential speed of the yacht.

The two multihulls designed for The Defender and Challenger in the next America's Cup are the most extreme example of this rule cheating (but quite legal) practice, which also gives classic yachts their very elegant lines. Both Alinghi 5 and BOR90/USA have long sections of their hulls sitting clear of the water, unseen for measurement purposes, but immersed when sailing.

So a yacht which measures at 90ft on the waterline, might have a sailing length of say 115ft or more with overhangs immersed, and is a lot faster than a yacht with no overhangs at just 90ft of sailing length.

Now we come to measurement trim, which means that when a yacht is measured for waterline length, she is floating so the fore and aft points can be marked off. How much gear should be aboard the yacht when she is measured is very carefully controlled. The less weight aboard, will mean the yacht floats higher and the waterline length is reduced.

This weight is carefully controlled by most rating rules, which use a common system where all sailing and safety equipment is aboard, sails are on board, water and fuel tanks are empty and there is no crew on board the boat. The America's Cup Deed of Gift specifies a different waterline length measurement called Load Water Line, which is being interpreted by the Defender to mean that crew weight is included, but water tanks, including those used for ballast are empty.

One last point. Setting the yacht up for measurement is an art in itself, as while positioning of gear and ballast can be arranged so that the yacht floats in a position where her waterline can be minimised to the shortest possible, or required design length. Of course, having a rudder dangling in the water way behind the point where the yacht's hull leaves the water, negates all this - giving rise to part of the argument.

Incidentally, back in 1886-1887, the New York Yacht Club rules specified for their measurement of Length that: 'Length is the length on the LWL exclusive of any portion of the rudder or rudder stock and to be ascertained when the yacht is afloat an in her ordinary trim, and with the crew, if aboard, positioned amidships.'

Now, read on.

In his affidavit, Alinghi's design consultant, http://multimedia.alinghi.com/multimedia/docs/2009/09/090918_SNG_-_Affidavit_Tom_Schnackenberg.pdf!Tom_Schnackenberg conceded that 'there are not too many class or rating rules which specify LWL as a measurement.' And continues 'however one which does is the international rule for model yachts and in this, rudders are included in the measurement of LWL, both the portion on the waterline and any significant extension further aft which may lie underwater.'

Schnackenberg doesn't specify which call, or classes to which he is he is referring, however of the four international radio controlled international classes (model yachts) listed on the International Sailing Federation (ISAF) website, only one, the Int A Class, includes the rudder in the LWL measurement. The reason for this is reasonably obvious, as the rudder in this class is an extension of the canoe body, and it would be relatively simple gain a free length extension.

The rudders on the America's Cup Challenger (in her current configuration) are a dagger type rudder on the amas (floats) and the main hull features a basic transom hung rudder, again not part of the hull. But we digress.

Rules for the Int A Rater are shown as being of 1992 vintage. The other three International Model yacht classes have a more recent set of rules, which use the ISAF Equipment Rules of Sailing. The ERS are a standard set of measurement definitions published by the ISAF and used in many classes to save defin