Rossiter Pintail Mortagne sur Gironde, near Bordeaux |
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Laser 28 - Excellent example of this great design Hamble le rice |
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rb_stretch ![]() Really should get out more ![]() Joined: 23 Aug 10 Online Status: Offline Posts: 742 |
![]() ![]() ![]() ![]() Posted: 23 Dec 14 at 12:52pm |
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Did look up Satanita and just had another look, but obviously not looking deep enough to find any criticism of it (I'm not a lawyer so maybe my search terms are not appropriate). However I think the paragraph I quote above is unsafe, since RRS may be overruled by NoR, SIs etc and the parties not sharing the same third party would not know the amendments so would have to resort to IRPCS. Unless I've got that wrong as well! Interestingly my search did throw up that IRPCS is used instead of RRS Part 2 at night which I didn't know, but is obvious when you think about it.
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Brass ![]() Really should get out more ![]() Joined: 24 Mar 08 Location: Australia Online Status: Offline Posts: 1151 |
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Since I am neither pronouncing a judgement nor deciding a jury verdict, it doesn't matter whether my opinion is unsafe or not. Satanita stands for a key principle that it is lawful for parties to enter into an agreement to abide by some private code instead of a legislated code as long as the legislation does not expressly forbid this. The functionality, or difficulties in applying such a principle do not invalidate the principle. Yes, a case where parties had each entered into an agreement with a different organising authority might be distinguished from Satanita: the degree to which such an argument would succeed can't be known until it is tried in a court. The RRS quite clearly contemplate incidents arising between boats in races organised by different organising authorities There is no need to 'resort to IRPCAS' in this situation. IRPCAS are most definitely NOT used instead of RRS at night, unless the Sailing Instructions so state (Preamble to Part 2). Modern race officers strongly deprecate replacing Part 2 with IRPCAS after dark, or at any time. Under the pre 1977 full body contact rules implementing IRPCAS was often referred to as 'No luffing after dark' and it was quite a good idea. Once the hard luff was gone, there is little point.
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JimC ![]() Really should get out more ![]() ![]() Joined: 17 May 04 Location: United Kingdom Online Status: Offline Posts: 6661 |
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Whilst completely in agreement with you on the main point, there's a bit more to using colregs than just 'no luffing'. Use of IRPCAS also means no overlaps at marks and a complete avoidance of sailing in close quarters. So it's very appropriate for the tall ships races for instance. |
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GML ![]() Groupie ![]() Joined: 24 Jul 11 Online Status: Offline Posts: 94 |
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The "When Boats Meet" rules in the RRS (the Part 2 rules) cannot normally be changed by the NoR or SIs for an event - see RRS 86.1 (and 86.2 for the exceptional circumstances in which they may).
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JimC ![]() Really should get out more ![]() ![]() Joined: 17 May 04 Location: United Kingdom Online Status: Offline Posts: 6661 |
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And in any case you'd just revert to standard RRS, no need to confuse the issue with colregs. Event specific changes couldn't apply between boats in different events.
Edited by JimC - 24 Dec 14 at 9:12pm |
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rb_stretch ![]() Really should get out more ![]() Joined: 23 Aug 10 Online Status: Offline Posts: 742 |
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But that is exactly what I have seen with the night time rules ie. specific over-ruling of Part 2 in favour of IRPCS. |
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Presuming Ed ![]() Really should get out more ![]() Joined: 26 Feb 05 Location: United Kingdom Online Status: Offline Posts: 641 |
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Preamble to part 2. SIs can replace the whole of part 2 with IRPCAS or similar. But you can't cherry pick changes.
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JimC ![]() Really should get out more ![]() ![]() Joined: 17 May 04 Location: United Kingdom Online Status: Offline Posts: 6661 |
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No, honestly that is different. You cannot change the Part 2 rules, even though you can change some other parts of RRS in SIs so they will always be the same, but you can opt out of using them completely.
If you were to say Oh well, we'll use colregs for port starboard and overtaking, but RRS for mark roundings, yes that could be a confusing nightmare, which is why it ain't allowed: it must be all RRS or all colregs. Similarly it would be a nightmare if two races in the same area were using RRS with part 2 rules amended differently, and that's why that's not allowed either. |
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Andymac ![]() Really should get out more ![]() Joined: 04 Apr 07 Location: Derbyshire Online Status: Offline Posts: 852 |
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Just as an illustration to rule set used 'after dark',
Southport 24hr S.I's;
http://wlyc.org.uk/crewsaver-24-hour-race/sailing-instructions
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Presuming Ed ![]() Really should get out more ![]() Joined: 26 Feb 05 Location: United Kingdom Online Status: Offline Posts: 641 |
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Vender globe notice of race
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