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gordon View Drop Down
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Joined: 07 Sep 04
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Posts: 1037 		Post Options Post Options   Quote gordon Quote  Post ReplyReply Direct Link To This Post Topic: serious damage
    Posted: 20 Mar 14 at 11:07pm
I think what gets me worked up is qualified judges agreeing with them.

I am not sure that it is appropriate for judges to be influenced by the culture and values of the club. That is like saying the offside rule is different at Manchester United because they have different values there! Going down that route can be dangerous, because you end up with people playing a different game using the same rules (see Southern Hemisphere interpretation of the rules at the breakdown in rugby).

Case 19 only really tells us that there is no special definition of damage in the rules, and gives some EXAMPLES of questions that may be asked to ascertain if there is damage. The cost of making good any damage would be another possible question.

The RYA have suggested another approach, which can also prove useful - would a prudent owner repair the damage promptly.

The definition of damage is so vague, and interpretation of that definition so inconsistent that the Match Racing Community wrote their own. I have found this guidance useful.
Gordon
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Brass View Drop Down
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Posts: 1146 		Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 20 Mar 14 at 11:32pm
I agree that the MR guidelines are pretty handy, although, note in the examples I provided in an earlier post, there is no unanimous agreement about what or how the levels should be expressed.

The MR guidelines are also limited as follows:
  • they are valid for boats usually used for match-racing, size say from 6m to 15m, hardy construction, not pristine, high finish beauties;
  • they provide an extra additional penalty over and above those normally applicable;
  • they are designed primarily to protect the OA's boats, not really to provide a carefully calculated 'proportionate' additional penalty;
  • they are a bit like a call, a bit arbitrary, put there to assist the Umpires rule 14 panel to make a quick decision on the water and avoid a lengthy philosophical protest hearing.


Edited by Brass - 20 Mar 14 at 11:35pm
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Presuming Ed View Drop Down
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Posts: 641 		Post Options Post Options   Quote Presuming Ed Quote  Post ReplyReply Direct Link To This Post Posted: 21 Mar 14 at 12:52am
Originally posted by gordon

That is like saying the offside rule is different at Manchester United because they have different values there!

Isn't it?
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Brass View Drop Down
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Posts: 1146 		Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 21 Mar 14 at 1:14am
Originally posted by Presuming Ed

Originally posted by gordon

That is like saying the offside rule is different at Manchester United because they have different values there!

Isn't it?
Just like sailing.

The rule isn't different.

The way it's applied in the Premier League is a bit different from a Saturday afternoon mud heap.
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