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Old 05 September 2017, 13:13   #1
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MCA prosecute RIB owner

Man handed a suspended prison sentence after boating accident at Oulton Broad - YBW
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Old 05 September 2017, 13:58   #2
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Just a shame that they suspended the sentence.....!
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Old 05 September 2017, 16:19   #3
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Just a shame that they suspended the sentence.....!
Yep, deserved to be put away
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Old 06 September 2017, 02:04   #4
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"The dangers of travelling at speed at night over unlit water without lights are obvious."

Noob question: should you be using forward pointing lights when traversing such places on a dark night at any speed? The travelling at speed is part is obvious, wasn't so sure about the "without lights" part as i thought using lights might cause annoyance to others (killing their night vision etc). The wording in the article seemed to imply that not having lights was a bad thing (being over the limit and going at speed seem to be enough of a bad thing)
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Old 06 September 2017, 02:57   #5
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As a general principle you are right, your lights are so that your boat can be seen and identified, not so that you can see where you are going. As you say bright lights risk either your, or other skippers' night vision.

For picking your way through moorings or anchorages at night though a high power torch or search light can be very useful - not only to avoid fouling your prop but because for some reason yacht tenders often think the rules don't apply to them as it's only a few hundred yards and are found just after closing time unlit!

Even in daylight high speed around moorings is at least inconsiderate if not actually dangerous.

The thing that surprised me was the 15000 prosecution costs, had he done something similar in his car, and pled guilty I think I am right in saying he would only have had to pay high hundreds for the privilege of going to court. Is the assumption that all mariners are wealthy or are we* stung for the inefficiencies of the MCA prosecution team?

* well not me, because up here we don't charge people prosecution costs.
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Old 06 September 2017, 03:24   #6
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That's a very interesting report. A few things struck me -

1. He wasn't "over the limit" - unless there is a speed limit and his actual speed is not stated. On the plane may be speeding in the Broads? 53mgs suggests maybe two pints of beer or have I got mixed up? I'm not in favour of drinking and boating, but it is not illegal.

2. Not co-operating with the MCA. He'd already been breathalysed presumably by the rozzers. I'd be guessing, but I suspect his legal team/Insurance Co. advised him to keep his yap shut until the potential case was heard. The MCA appear to have been enraged by this lack of respect for their Greatness.

3. The report says the RIB had no lights. It's not clear if they meant navigation or illumination. Only Nav lights are compulsory at night but would not have averted this incident. General illumination might have, but would be unusual to use under way at night (although it certainly is done around moorings and harbours). I think this was what they actually did him for: "Mr Barrett, who pleaded guilty for operating an unsafe vessel, contrary to section 100 of the Merchant Shipping Act 1995"

4. The report doesn't mention if the moored yacht had an anchor light on. If it wasn't attached to the shore, it should have done.

5. I suspect that a lot of the heat was applied because the gent in question behaved like an @rse throughout.
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Old 06 September 2017, 03:33   #7
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- unless there is a speed limit and his actual speed is not stated. On the plane may be speeding in the Broads?


As far as I know (or AFAIK for phone freaks) there is a speed limit on the broads. I forget how much but it is very slow, almost sleep inducing (maybe 4knots??).
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Old 06 September 2017, 03:47   #8
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- unless there is a speed limit and his actual speed is not stated. On the plane may be speeding in the Broads?


As far as I know (or AFAIK for phone freaks) there is a speed limit on the broads. I forget how much but it is very slow, almost sleep inducing (maybe 4knots??).
Correct, so even without knowing what his exact speed we know for sure he was speeding as that sort of damage doesn't occur at 4mph!

There's a host of other bylaws applicable to the Broads - I believe there's also a bit in there about being under the influence.
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Old 07 September 2017, 13:31   #9
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53mgs suggests maybe two pints of beer or have I got mixed up? I'm not in favour of drinking and boating, but it is not illegal.
.
I guess the local paper - with the high standards of journalism & accuracy many have - are judging the alcohol level with that for the legal road vehicle driving limit in England & Wales - 35mg/100ml breath- against which he was 1 1/2times the limit. As you say, there's no absolute rule on the water.

Speed limits on the Broads seems to vary between 3mph to a heady 6 mph, so he must have been well in excess of that to cause the damage / injuries. I wonder what the max penalty for speeding on the Broads is - 1,000?which may be why he was prosecuted under other laws.
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Old 07 September 2017, 16:01   #10
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I remember watching powerboat racing on Oulton broad years ago.
Is it not an unrestricted open area of water?
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