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port and starboard

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gordon View Drop Down
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Post Options Post Options   Quote gordon Quote  Post ReplyReply Direct Link To This Post Topic: port and starboard
    Posted: 15 Jun 06 at 2:56pm

If this RS sailor is making a habit of unfair sailing and, it would seem, defrauding insurance companies, it is time to do something about it.

 

Learn the rules, go on any training courses that may be available, volunteer for protest committee work, make a habit of protesting when other boats infinge you, try and persuade an RYA judge to run rules evenings at the club. And every time your friend infringes a rule protest and go ahead with the protest, especially if he does not takes a penalty immediately.

If you can find a qualified judge who can spend the time get him out on the water for a day. If he whistles every time he sees an infringement and then explains what he saw and the rules involved this draws members attention to the rules. I'd do it myself, with pleasure, but there is the Irish Sea in the way.

 

Gordon

 

Gordon
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Stefan Lloyd View Drop Down
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Post Options Post Options   Quote Stefan Lloyd Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jun 06 at 2:52pm

Originally posted by laser47

the guy refuses to accept liability

Does he give a reason?  Either there is more to this than meets the eye or the guy is completely out of order.

If your club has class captains, I'd have a word. The club should be able to exert some pressure on him.

 

 

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jeffers View Drop Down
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Post Options Post Options   Quote jeffers Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jun 06 at 2:44pm
If you have his details (or can get them from the membership secretary) pass them on to your insurance company.

In this case because there was damage to your boat a protest should have been heard. The losing parties insurance company has to admit liability then as blame has been apportioned.

The thing is to shout protest then leave it at that and discuss it later.

If he expects you to pay just tell his insurance company you were racing, you were on starboard, he was on port, he took no avoiding action and cite the GP14 helm as a witness (if they are willing).

He really does not have a leg to stand on!

Paul
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laser47 View Drop Down
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Post Options Post Options   Quote laser47 Quote  Post ReplyReply Direct Link To This Post Posted: 15 Jun 06 at 2:05pm

thank you for all your help everyone.

the guy refuses to accept liability and from what i've heard since i believe he has suggested that i should pay for a tiny crack in his boat to be repaired that i know was there before the incident as he pulled a simillar stunt on my training partner a while back and got off with it by retiring when he was protested.   

    even so i guess on reflection i really should have protested him just the club policy on it seems rather stale. because my club doesn't get a lot of protests our protest comittee is the three most expeirenced racing sailors on the club comittee available. there were only two there that day not involved in the incident. Maybe i should bring it up in the AGM this year.

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gordon View Drop Down
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Post Options Post Options   Quote gordon Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 06 at 10:52pm

1. Never call on someone to do their turns - RRS 61.1 requires you to haoil "protest". It is up to the protested boat to decide if she should take a penalty.

2. You are not required to take avoiding action until it is clear that the other boat is not keeping clear (RRS 14.

3.A Two Turns Penalty is not sufficient if serious damage (or injury) has been caused (RRS44.1). The infringing boat should retire. Damage requiring professional repair work may be considered to be serious.

4. If the crew of the infringing boat continued to yell at you while sailing you into a corner then you would be entitled to protest them under rule 2 "Fair Sailing". a protest committee may even consider such behaviour to constitute serious misconduct an initiate a hearing under rule 69.

5.A two turns penalty should be taken "as soon after the incident as possible (RRS 44.2), not when the offending helmsman has calmed down, thought about the protest and decided he can't win it.

Conclusion

 If in doubt shout protest and get the protest form in  time. Even if the protested boat has done his turns there has to be a hearing (RRS 63.1) unlessyou request that the protest be withdrawn, and the protest committee grants you the right to withdraw (they are not obliged to do so RRS 63.1). At the hearing you can indicate why you claim that the penalty taken was inadequate.

If a protest committee refuses to hear a protest...appeal! They are required to hear all rotests. In this case it might be diplomatic to volunteer for future protest committee service! Don't complain unless you are willing to do the job yourself.

Gordon
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Post Options Post Options   Quote 49erGBR735HSC Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 06 at 9:10pm

The best thing to do is give as much detail on the insurance quote form as possible with good witnesses, irrelevant of if they would have been on the protest committee. Insurance companies can take the results of protests into consideration but are inclined to make their own decisions. If the boat you had an incident with is a hassle on the water, just bear that in mind anytime its close to you and don't put yourself into the position where an incident could occur. Keeping an eye out across the water and calling earlier, gives you more time to avoid other boats. We call earlier so if a boat doesn't move out of our way, we still have time to avoid and protest. Its better to think 5 steps ahead than 2.

Dennis Watson 49er GBR735
Helensburgh S.C
Boat Insurance from Noble Marine

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Post Options Post Options   Quote Scooby_simon Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 06 at 7:54pm

Originally posted by laser47

he eventually (when threatened with protest) did his turns my club have a habit of throwing out protests where the boat has done its turns because the protest comittee can't be bothered to hear it. also there was a bit of a lack of designated commitee members because two out of the three were witnesses

 

Just because he has done his turns may not exonerate him from more actions.  Did he admit liability for the accident - does the doing of turns do this.  It may do; but a protest is always useful.

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Post Options Post Options   Quote laser47 Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 06 at 5:17pm
he eventually (when threatened with protest) did his turns my club have a habit of throwing out protests where the boat has done its turns because the protest comittee can't be bothered to hear it. also there was a bit of a lack of designated commitee members because two out of the three were witnesses
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Post Options Post Options   Quote Stefan Lloyd Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 06 at 10:59am

Originally posted by gonzo

protest him

You normally have to do so within a couple of hours of the finish. The time limit will be in SIs. You almost certainly won't be able to days later.

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Post Options Post Options   Quote Stefan Lloyd Quote  Post ReplyReply Direct Link To This Post Posted: 14 Jun 06 at 10:40am

It would be interesting to hear his side of the story. There are certain circumstances under which starboard does not have rights but from what you have described, this doesn't appear to be one of them. It sounds like he needs educating on the rules. It's too late now but if he does it again, protest him and let the protest commitee explain the rules to him. You'd have also had more chance of getting him to pay for your repairs if you'd done so.

I am quite surprised there is more damage to your boat than his. Normally the bow is the strongest bit of a boat.

 

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