Two 20-foot boats were approaching the windward mark. Just before rounding, 635 was clear ahead of 2641. 2641, moving faster than 635, hit the transom of 635. At the time of the incident, each crew member of 635 was prepared to hoist the spinnaker. However, immediately after the incident the helmsman inspected the transom for damage and found only minor damage. While he did so, for approximately 20 seconds, the two other crew members were unoccupied. The spinnaker was then set, and after that the protest flag was displayed. The protest committee concluded that the flag was not displayed at the first reasonable opportunity, declared the protest invalid, and closed the hearing. 635 appealed.

Decision of the Appeals Committee

635 did not display her protest flag “at the first reasonable opportunity,” as required by rule 61.1(a). During the time before the spinnaker was hoisted, two crew members had a reasonable opportunity to display the protest flag, but did not do so.

635’s appeal is denied and the decision of the protest committee is upheld.

December 1994