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Old 10 February 2013, 12:22   #31
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Your right but we all know what it's like driving in waves. The throttle is on and off regularly and the wave you thought you had read suddenly disappears from under you or breaks early. Speed is dictated by the conditions and the boat and even then we all fall hard sometimes.
Yep..you can be stationery and the boat still takes a battering....
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Old 10 February 2013, 17:20   #32
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Yep..you can be stationery and the boat still takes a battering....
Yes - but if the rib guys could have proven they had addressed bracing etc in their briefing and the accident had happened when stationary then the judge wouldn't have been sat there saying he didn't believe that he was adjusting speed through the waves. Instead the judge may well have been saying 'its a known risk, the skipper did everything he could to mitigate the risk' or he may have said 'you didn't need to go out in those conditions'.

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Your right but we all know what it's like driving in waves. The throttle is on and off regularly and the wave you thought you had read suddenly disappears from under you or breaks early. Speed is dictated by the conditions and the boat and even then we all fall hard sometimes.
The skipper failed to convince the judge he was adjusting speed. Going back to the aircraft industry the question might be can someone prove they were adjusting speed through some black box stuff? I'm guessing a normal GPS trail wouldn't show it as that updates too infrequently so you'd need a record off the engine revs? (Is there a bit of kit to record NMEA2K data to say an SD Card).

Prove you drove as good as can be expected and that you warned people that even with the best driving a hard fall can happen and how to reduce the risk you might also be looking at a different outcome in court.
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Old 14 February 2013, 13:07   #33
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What you need is a marine version of the Road Hawk if such existed. (The cyclist one is waterproof). Roadhawk UK | Black Box Car Cameras - RoadHawk

It records video and audio, GPS position and speed with 'g' acceleration, on an SD card and repayable through a software interface combining all on a timeline with a map. May or may not help depending on circumstances and may not be admissible, but if you're not at fault it could help. Just need a waterproof RIB version!

P.s Some of the motoring videos are scary!
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Old 14 February 2013, 13:26   #34
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Yes - but if the rib guys could have proven they had addressed bracing etc in their briefing...
But I don't think it was a commercial situation - was it? By all means brief people that don't know/haven't been out with you before - but have we got to the point where I have to show my mates a video before I take them out? Really?
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Old 14 February 2013, 14:02   #35
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The lighthouse case linked halfway through the thread was commercial. The hairdresser was not but there was no suggestion she was inadequately briefed.
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Old 15 February 2013, 10:15   #36
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But I don't think it was a commercial situation - was it? By all means brief people that don't know/haven't been out with you before - but have we got to the point where I have to show my mates a video before I take them out? Really?
It depends if you mates got hurt out in the boat would they claim against you?
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Old 15 February 2013, 10:18   #37
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What you need is a marine version of the Road Hawk if such existed. (The cyclist one is waterproof). Roadhawk UK | Black Box Car Cameras - RoadHawk

It records video and audio, GPS position and speed with 'g' acceleration, on an SD card and repayable through a software interface combining all on a timeline with a map. May or may not help depending on circumstances and may not be admissible, but if you're not at fault it could help. Just need a waterproof RIB version!

P.s Some of the motoring videos are scary!
This seems like an okay idea but for commercial use there would need to be some way of storing the data long term as claims can be made years after the event.
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Old 15 February 2013, 10:50   #38
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It depends if you mates got hurt out in the boat would they claim against you?
Thats when you find out who is or was a mate, unfortunately the claim business is massive as we have seen in vehicles and whip lash!! injury claims. There is a very strong chance if someone is hurt on board a claim could follow
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Old 15 February 2013, 11:46   #39
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This seems like an okay idea but for commercial use there would need to be some way of storing the data long term as claims can be made years after the event.
I think its a 3 year ( and 3 months for some oddity I cant recall ) limit for injury claims. 5 (?) for propety .
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Old 15 February 2013, 13:34   #40
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It depends if you mates got hurt out in the boat would they claim against you?
I imagine it would be the same as if they got hurt in a car I was driving. What's the difference?
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