Jump to content


Raked aft \\

Member Since 11 Nov 2005
Offline Last Active Yesterday, 11:25 PM
-----

Posts I've Made

In Topic: Lightning Versus Sailing

29 June 2016 - 07:17 PM

Lightning is a mysterious phenomenon,

 

  We did an overnight distance race and found ourselves in the middle of a vicious thunderstorm,  lots of rain, lightning and thunder but no wind.  weird.

 

 we were on my 33' keel boat, which is grounded. 

 

  The lightning bolts were literally hitting the water all around us!  it was so bright you had to shield your eyes.

 

  This lasted about 20 minutes then it drifted off downwind, and we sailed on to the finish.

 

  It amazed me we were never struck!


In Topic: Rules and protest question

24 June 2016 - 01:38 AM

your pm isn't taking new msg's

 

 Pm me if you want..

 

  been paying for broken boats for 30 yrs now...


In Topic: Rules and protest question

24 June 2016 - 01:08 AM

 

 

Hi Allen:

Tried to PM you , but i couldn't.  

 

Again, If they choose to follow the RRS, then the OA agrees to be governed by them as well - Rule 3 of RRS

3 ACCEPTANCE OF THE RULES
By participating in a race conducted under these racing rules, each
competitor and boat owner agrees
(a) to be governed by the rules;
( B) to accept the penalties imposed and other action taken under
the rules, subject to the appeal and review procedures provided
in them, as the final determination of any matter arising under
the rules;
 
IF they refuse to hold a Protest hearing then I would believe the whole thing goes under ColRegs - I would hire an attorney and make sure you get fees as part of the settlement.
 
Running down a smaller boat should never be OK or without major consequences.  Fortunately, no one was hurt or killed this time.  Sailing is supposed to be a self-policing sport.  
-p

 

NO THE COLREGS DO NOT APPLY, whether there is a protest hearing or not.

 

If there is no protest hearing, the insurer or if necessary the court should apply the RRS.

 

Allen,

 

First thing you need to decide is whether you want a written protest decision to support your insurance/damages claim.  It is probably to your advantage to get one, but you should consult your insurance broker or insurer.

 

If you want a protest decision, I suggest that if the Organising Authority or Race Committee has indicated to you that they do not intend to hold a protest hearing, you write to them, pointing out that:

  1. their SI purporting to deny the right of appeal is invalid because rule 70 which provide the right of appeal is a rule which rule 86.1( a ) specifically prohibits being changed by SI or otherwise;
  2. you request that they arrange a protest hearing of your protest promptly;
  3. if no protest hearing is held you are entitled to appeal under rule 70.1( b ), and if that happens you will consider doing so.

Then, if no hearing is concluded within 30 days of when you delivered your written protest, submit an appeal to the YRA immediately.

 

You should expect to win such an appeal, in which case, the Appeals Committee can return the protest to be heard by a protest committee appointed by the OA/RC, or the Appeals Committee may itself appoint a protest committee to hear it (rule 71.2).

 

 

  Allen,

 

   Can you give us an idea on the status with your insurer, and existence of a racing exclusion on your policy?

 

  As i mentioned upthread, you are staring down a loooong tunnel for a spec of light in getting a liability settlement from the other boats carrier.

 

  I will also assert, you don't need a protest hearing to collect a settlement from your own carrier,  barring a race exclusion, (which i highly doubt is there) they will pay for your mast with the simple photo evidence you have.

We have paid mast claims with far less evidence.

 

  Unless you are up for a long protracted expensive battle, I would forgo the whole mess, get your boat fixed on your own policy, and move on with your life.

 

 Maybe someday, a check for your deductible will show up in the mail, maybe not.  

 

 I do know that going to battle against the other boat and their insurer will dramatically change your life for the worse.  I have seen it happen many times.  that's why i'm suggesting what i wrote.

 

again, 

 

  Good luck!


In Topic: Zeppelin's Stairway to Heaven...

23 June 2016 - 08:50 PM

  Zep wins. (again)  Duh......

 

 They've certainly been to this dance before.


In Topic: Tartan 37 cb opinions?

23 June 2016 - 04:17 PM

Check out the T3700 CCR.

 

  beautiful boat and sails very well.

 Has a tall carbo rig and double headstays.  Relatively shallow beavertail keel, but goes well upwind.

 

  Huge down below for a 37'r. 

 

 Only downside for racing is w the genny on the forward stay, tacking requires about a half roll up to get around the aft stay.

 

  Great boat for short handed though,  working jib on the aft stay is self tacking...