USA Appeal US61
Rule 61.1, Protest Requirements: Informing the Protestee
Lido 14 4830 vs. Lido 14 4509

"First reasonable opportunity" means as soon as practicable, not as soon as convenient.

Facts and Decision of the Protest Committee
Shortly before finishing a race Lido 14 4830 (PW) and Lido 14 4509 (PL) were close-reaching on port tack. As they approached the finishing line, PW hailed PL for room to pass astern of a starboard-tack boat (S). PL passed astern of S and finished. PW, believing she was not given sufficient room, tacked onto starboard to leeward of S, gybed onto port, luffed to a close-hauled course, tacked onto starboard, crossed the finishing line, and then hailed “Protest.”

The protest committee found the protest invalid and closed the hearing because the hail was not made “at the first reasonable opportunity” as required by rule 61.1. PW appealed.

Decision of the Appeals Committee
“First reasonable opportunity” means as soon as practicable, not as soon as convenient. The maneuvers performed by PW after the incident and before hailing clearly demonstrate that her hail was not made at the first reasonable opportunity.

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

April 1992
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