... the exact position I found myself in, being on Stbd and hailing to the port boat, twice, on the first weather leg at a National event... At around 2 boatlengths to collision ...I saw him ease his main and start steering down, so I kept my course. On bearing away he powered up, and ... it sailed straight as if on rails, with no respect for any rudder input (Dart sailors will understand). At this point ... I attempted to head up to avoid collision, which was the only way I could go. This made it worse as I slowed, and he ended my regatta in the first race.
I understand. I've been on both sides of this situtation myself - once before I learned to steer with the sails on my Isotope (I was the port boat), and once on a San Juan 21 (as crew on the starboard boat). Both cases were the first race of a regatta. Both cases resulted in contact with damage that put me out of the rest of the races. Neither case went to a hearing - the port boat admitted fault and retired both times.
My question : If I had NOT tried to avoid the collision, it might have been possible that the damage would have been less, as he hit me in front of the rear beam - had I maintained speed he might have hit me on or behind the beam. How would I have fared in the protest room, having deliberately NOT altered course, in order to attempt to avoid the collision..?
I think you would fare ok. Look the protest committee members straight in the eye, and with sincerity and conviction say that you believed he was going to duck you, and when it became apparent that he could not that there was nothing you could do to avoid contact. Tell them that your best option for minimizing damage and risk of injury was to hold course and speed. Explain that heading down would be disaster, and heading up would slow you down and risk greater damage.
Rule 14 reads "A boat shall avoid contact with another boat if reasonably possible". In the situation as described, it was not reasonably possible for you to avoid contact.
I hope that helps,
Eric
