8:50 AM Thu 26 Nov 2009 GMT
After today's Hearing in the Appellate Division of the New York Supreme Court, the Challenger for the America's Cup stated that the inclusion of rudders in the crucial Load Waterline length measurement would disqualify GGYC's yacht.
Calculations by Sail-World from photos show that the length of BOR90, as the Challenger has been known to date, would extend to around 98ft, if the rudder on the outer float, or ama, were included in the length measurement.
In one of 14 points that the New York Supreme Court has been asked to rule in the two year legal tragi-comedy that has been the lot of the America's Cup, Justice Shirley Kornreich ruled in late October that rudders would not be included in the vexed Load Waterline Length measurement, which is peculiar to the America's Cup.
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Societe Nautique de Geneve claim that the rudder contributes to waterline length and should be included in that measurement even though a significant length of the hull forward of the rudder is clear of the water -
Alinghi Team
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The 19th century Deed of Gift for the America's Cup prescribes that if of one mast the competing yachts shall not be less than 44ft nor more than 90ft on the load waterline. The Deed does not specify how Load Waterline Length should be measured, and it is over to the organising club and Defender to specify how that should be done, when the match is being conducted without Mutual Consent - as was done in 1988 for the Big Boat Challenge (or MisMatch) between the catamaran of San Diego yacht club and the 130ft monohull of Mercury Bay Boating Club (New Zealand).
On 6 August, Societe Nautique de Geneve issued rules for the measurement of the yachts which included the rudder in the length measurement.
The first of the seven rules covering measurement, issued by SNG, stated:
'For the purposes of measurement, the 'length on load water line' is the distance between a line perpendicular to the yacht's centre line and passing through the furthest forward point of intersection of the yacht with its water-line plane, and a line perpendicular to the yacht's centre line and passing through the aftermost point of intersection of the yacht with its water line plane.'
While the language is complex, the measurement practice is simple.
With the yacht, floating in still water, and with all the required gear on board, the measurer marks the point where the yacht's hull meets the water at its forward point. He/she then moves to the yachts stern and puts a second mark at the point where the hull exits the water.
Standing on deck, maybe with the uses of a plumbline or similar device the measurer will extend the waterline up to deck level, as a measuring convenience, and will meaure between the forward and aftermost points.
That distance, between the two points, must not exceed 90ft.
Because she is a trimaran, BMW Oracle Racing have been able to 'cheat' the measurement length rule by having a main hull which measures less the the 90ft Load Waterline Length. However her design team have cleverly designed her two outer hulls/floats/amas so that they sit just clear of the water when in measurement mode. The 'kiss' the water at their centrepoint - enough to comply with the maximum waterline beam measurement, but no more - and most of the length the ama does not touch the water.
The amas are estimated to be around 110ft long or more, and increase the sailing length and potentially the speed of the trimaran when immersed.
At face value the rule announced by SNG includes rudders, the effect of this 'measurement feature' is that the measurer would still take the same forward measurement point (where the bow of BOR90 entered the water), but the aft measurement point would move from the main hull exit/intersection point, to the point where the back edge of the rudder on the ama of BOR90 left/intersected with the water.
Of course, Alinghi 5, is subject to the same measurement rules, however because she is a catamaran her two hulls are of equal length, and while her designers have been able to use the same 'cheat' as BOR90 in that a substantial part of her hull(s) overhang the water when in measurement mode, and such are not 'seen' for measurement purposes. However course in sailing mode the overhanging length soon becomes immersed and becomes effective sailing length, and it is believed the two yachts are of similar sailing length.
What's the point?
Simply that if SNG can enforce their interpretation, then BOR90 will be measured out of the Match, as she exceeds the length permitted by the Deed of Gift.
It would not be possible to move the rudders forward to fall within the length measurement, and Alinghi 5 would win the Match by default.
The Appellate Division of the New York Supreme Court reserved their judgement in the matter.
by Richard Gladwell
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