Rossiter Pintail Mortagne sur Gironde, near Bordeaux |
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Laser 140101 Tynemouth |
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Laser 28 - Excellent example of this great design Hamble le rice |
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List classes of boat for sale |
Rescue Boat Liability? |
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zippyRN ![]() Far too distracted from work ![]() Joined: 14 Sep 06 Online Status: Offline Posts: 437 |
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the obvious answer to this is " what is the purpose of the safety boat?" the answer surely is to save life and limb with saving property very much a secondary consideration ... on most enclosed waters a boat with either blow ashore or it's mast head will embed in the bottom stopping it from moving ... the boat can be recovered at leisure... in terms of people being allowed to sail or otherwise if a club cancels racing at a point when a suitably competent person decides it is too windy *for any* reasonable competent sailor then the club has exercised reasonable care , it is still a matter for individuals to decide if up to that point if it is too windy *for them* ... no one forces you to go sailing. the obvious exception being when the activtiy is specifically a training one or one targetted at less experienced sailors , when the caution should kick in earlier - it still doesn't mean it's too windy to sail i 'm sure many of us have gone blasting in serious wind either 'overwieght' for the boat, reefed or by using different rigs ( e.g. pinching the missus or little brothers radial rig)
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les5269 ![]() Really should get out more ![]() ![]() Joined: 11 Oct 05 Location: United Kingdom Online Status: Offline Posts: 1530 |
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OOPs The guys who were on the "safety boats" enjoyed watching and helping on Sat too from some of the feedback I got in the bar on .Sunday |
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49er 531 & 5000 5025 and a mirror(now gone to mirror heaven)!
Grafham water Sailing Club The greatest inland sailing in the country |
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les5269 ![]() Really should get out more ![]() ![]() Joined: 11 Oct 05 Location: United Kingdom Online Status: Offline Posts: 1530 |
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Redders, I think if all the clubs suddenly had to decide when it was safe to let people go sailing we would be in all sorts of trouble. I can just see our club trying to tell me I didn't have the experience to take my 49er out in 15 knots because I may capsize then need the "rescue boat" to come and fish me out, or if they put a limit on what wind strength we could sail in (how would a club determine this for each individual?). Our club has introduced an upper limit for sailing when only windsurfers are allowed out, but this has only been used once since it's introduction, and it was constantly over 40knots then! People just have to use their own common sense then take responsibility if it goes wrong (IMO) |
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49er 531 & 5000 5025 and a mirror(now gone to mirror heaven)!
Grafham water Sailing Club The greatest inland sailing in the country |
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michel ![]() Newbie ![]() Joined: 30 Sep 06 Location: United Kingdom Online Status: Offline Posts: 27 |
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so combat wombat says that his club uses for legal reasons the term PATROL BOAT. No matter what terminology we use the fact that these boats are out there WITH a bunch of sailors who belong to the same club would strongly indicate that some sort of assistance and cover is being given.
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michel ![]() Newbie ![]() Joined: 30 Sep 06 Location: United Kingdom Online Status: Offline Posts: 27 |
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sorry,just reread his post and it was for INSURANCE reasons that they refer to their SAFETY BOATS AS patrol boats reasons
why ? &n bsp; |
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Tornado_ALIVE ![]() Really should get out more ![]() ![]() Joined: 07 Nov 04 Location: Australia Online Status: Offline Posts: 611 |
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Clubs and Race Committees in AUS have a duty of care to their club sailors. If conditions are deemed to be above a safe level (above 22.5 knots sustained for most), then racing is required to be canceled and sailors advised not to go out. Same goes if their is a forecast change and they must have a very quick means of advising sailors of a change approaching. The Bureau of Meteorology and the Cruising Yacht Club of Australia came under a lot of flack after the fatal 1998 Below is an extract from our clubs sailing instroctions
A12. Wind Limit and Operational Procedures KCC racing will be abandoned or delayed if the wind is considered to be exceeding 22.5 knots either on average or if there are significant and frequent gusts above this figure. Prior to the Race Briefing conclusion, this decision rests with the Race Secretary. If the Race Secretary is not present, this decision rests with the Assistant Race Secretary. If neither is present, the decision rests with the Officer of the Day. After the Race Briefing, this decision rests with the Race Committee Vessel Boat Captain. Not withstanding this, all Skippers and Crews are reminded of Rule 4 (Decision to Race). |
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jeffers ![]() Really should get out more ![]() ![]() Joined: 29 Mar 04 Location: United Kingdom Online Status: Offline Posts: 3048 |
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We do have a rule within the club rules that states that anyone who sails does so entirely at their own risk.
Surely every club should have that? |
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Paul
---------------------- D-Zero GBR 74 |
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Stefan Lloyd ![]() Really should get out more ![]() Joined: 03 Aug 04 Online Status: Offline Posts: 1599 |
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Yes they should but for moral effect, as it isn't actually enforceable in UK law. You still owe due care no matter what waivers you have got people to sign.
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combat wombat ![]() Far too distracted from work ![]() ![]() Joined: 16 Jan 06 Location: United Kingdom Online Status: Offline Posts: 345 |
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Section 6, Unfair Contract Terms Act 1977... exclusion of liability for death and injury as a result of your own negligence is ineffective. So, there would have to be negligence on the part of the club, and this assumes a duty of care exists. I'm not sure that a sailing club owes a duty of care to sailors if they choose to go out on the water. This will depend on if safety cover is provided (if it is, then more likely a duty will exist), and who owns the water (if the sailing club owns it, it is more likely a duty will exist). I'm fairly confident that a sailing club will only owe a duty of care to sailors on the water if they provide safety cover. This is different to sailors on land say in the clubhouse where occupiers liability provides for a duty of care. Edited by combat wombat |
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B14 GBR 772
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English Dave ![]() Really should get out more ![]() ![]() Joined: 10 Aug 06 Location: Northern Ireland Online Status: Offline Posts: 682 |
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Absolutely right! |
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