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JimC View Drop Down
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    Posted: 13 Apr 10 at 8:46am
Originally posted by Brass

If two parties in a damage collision are honest and agree on the circumstances and who was at fault there should be no necessity for the matter to be 'formalised' by a protest hearing.


Nice thought, but I am talking about something that would involve insurance companies... And people can honestly disagree about the circumstances of what happened.

Originally posted by Brass

Remember, protests are about places in races, not about fault in a legal sense.  Look at rule 68 and the relevant RYA prescription.

Yes, and then again no. There is case law that RRS have a legal standing.

Edited by JimC
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 13 Apr 10 at 9:19am

Originally posted by JimC

Originally posted by Brass

If two parties in a damage collision are honest and agree on the circumstances and who was at fault there should be no necessity for the matter to be 'formalised' by a protest hearing.


Nice thought, but I am talking about something that would involve insurance companies... And people can honestly disagree about the circumstances of what happened.

Originally posted by Brass

Remember, protests are about places in races, not about fault in a legal sense.  Look at rule 68 and the relevant RYA prescription.

Yes, and then again no. There is case law that RRS have a legal standing.

You're absolutely correct.  By entering a race all competitors agree that, at least, Part 2, When Boats Meet of the RRS becomes the 'rule of the road' between them.

Certainly, where the parties disagree, that's what the protest process is for,

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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: 13 Apr 10 at 9:49pm
"is there a rule stating that collision must be avoided ?"

Yes, rule 14 "Avoiding Contact" - which means that even if you are the right of way boat, if it was possible to avoid contact and you did not do so you should be penalised, if there is damage or injury. And if there is damage or injury the appropriate penalty is to retire.

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Post Options Post Options   Quote Quagers Quote  Post ReplyReply Direct Link To This Post Posted: 13 Apr 10 at 10:27pm
If there is actual contact/damage I have almost never seen
a protest committee rule 1 party entirely innocent, it it
gets to the point where there is a collision you are both
at fault in some way.
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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 Apr 10 at 8:39am
Read rule 14 carefully. A boat cannot be exonerated for breaking this rule,  but the right of way boat shall not be penalised unless there is damage or injury, and need not act to avoid contact until it is clear that the other boat is not keeping clear or giving room or mark room.

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Rupert View Drop Down
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Post Options Post Options   Quote Rupert Quote  Post ReplyReply Direct Link To This Post Posted: 14 Apr 10 at 6:24pm
How old are the parties involved in this spat?
Firefly 2324, Puffin 229, Minisail 3446 Mirror 70686
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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 Apr 10 at 9:41pm
Not necessarily relevant - some of the mowt mature sailors I have seen in a protest room were Optimist sailors. And lots of childish behaviour from those old enough to know better.

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Rupert View Drop Down
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Post Options Post Options   Quote Rupert Quote  Post ReplyReply Direct Link To This Post Posted: 15 Apr 10 at 7:21pm
It can certainly affect the way matters need to be settled, though, especially at learner level for children. A quiet word with someone could have a much better effect than a rule 2 protest. Could at adult level, too, mind.
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Post Options Post Options   Quote desteve1 Quote  Post ReplyReply Direct Link To This Post Posted: 17 Apr 10 at 2:51pm
Originally posted by Rupert

How old are the parties involved in this spat?
14 and 12 or so
laser 81188 (looking for a name)
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Scooby_simon View Drop Down
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Post Options Post Options   Quote Scooby_simon Quote  Post ReplyReply Direct Link To This Post Posted: 18 Apr 10 at 10:30am

I had an issue with someone a while back - open and shut case - barging on the start line !!!

Took 4 months for this "Gentleman" to admit he was in the wrong and sort the insurance claim out....

Wanna learn to Ski - PM me..
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