Reply
 
Thread Tools Search this Thread
 
Old 19 December 2005, 07:41   #61
Member
 
Country: UK - Wales
Town: swansea
Boat name: Too Blue
Make: BLANK
Length: 8m +
Engine: Suzuki DT225
Join Date: Mar 2004
Posts: 12,791
Quote:
Originally Posted by Polwart
Thanks for that - very interesting. I am currently of the opinion that the appeal judge was correct. However I am also of the opinion that the defendant was in the wrong and should have been prosecuted - just not under that section of that act.
Couldn't agree more!!!
__________________

__________________
codprawn is offline   Reply With Quote
Old 19 December 2005, 07:49   #62
Member
 
MikeH's Avatar
 
Country: UK - England
Town: blackburn
Boat name: Hornet
Make: XS Ribs
Length: 6m +
Engine: Optimax 150
Join Date: Jun 2005
Posts: 55
That's right. In the first instance he pleaded guilty 'cos he knew he had been wrong "as master of the vessel". When it was pointed out that he probably wasn't a vessel then he went to appeal.

At the appeal the judge said he agreed that a jet ski wasn't a vessel as intended under section 58.

However under section 53 all craft (not just vessels) have to obey the COLREGS so he would have been guilty of failure to follow COLREGS. Same penalty as under 58.

Judge said should have been charged with the correct offence in the first place. I am sure he knows he was guilty and the lawyers were only appealling against the wrong charge being used.
__________________

__________________
MikeH is offline   Reply With Quote
Old 19 December 2005, 08:21   #63
Member
 
Country: UK - England
Town: Winchester
Boat name: H2O
Make: Avon
Length: 4m +
Engine: 50hp Honda
Join Date: Oct 2005
Posts: 78
Quote:
Originally Posted by Richard B
I don't think that the current situation, where irresponsible skippers get away with either lenient sentences, or winning appeals and making an ass of the law, are at all funny.

Will you be laughing at the next death?
Thanks for the support Richard and you are right It is all to easy to get excited with various ideas and opinions but when it comes down to a loved one (or more) being killed by someone who not only has no respect but also doesn't really care then that is when people start shouting. If the only way to deal with incidents like this is to legislate then we must. Having said that very sadly the law is for those who obey it! (Look at speed limits!!) But at the very least there can be some punisment for those who transgress if the law covers their crime. If there is no legal recourse they get away with it.
__________________
Steve Waters is offline   Reply With Quote
Old 19 December 2005, 11:53   #64
Member
 
Country: UK - England
Boat name: Mr Blue Sky
Make: Ribcraft
Length: 5m +
Engine: E-Tec 90
Join Date: Sep 2005
Posts: 98
I certainly don't want to become a victim of some idiot in a jet-ski, speed boat, rib or whatever BUT I can't see that the answer to this situation (where an idiot has hurt someone in contravention of existing legislation) is more legislation.

Its already against the law to behave recklessly; if someone is prepared to act recklessly then I feel that licensing will make no difference to that individual's behaviour. If the possession of a licence turned all drivers into safe considerate people the roads would be a lot safer than they are.

It would mean a lot of time, effort and expense for a lot of people, for no benefit.
__________________
Lawrence is offline   Reply With Quote
Old 19 December 2005, 17:39   #65
RIBnet admin team
 
Nos4r2's Avatar
 
Country: UK - England
Town: The wilds of Wiltshire
Boat name: WhiteNoise/Dominator
Make: Ballistic 7.8/SR5.4
Length: 7m +
Engine: Opti 225/Yam 85
MMSI: 235090687/235055163
Join Date: Jul 2005
Posts: 12,645
RIBase
Quote:
Originally Posted by Lawrence
I certainly don't want to become a victim of some idiot in a jet-ski, speed boat, rib or whatever BUT I can't see that the answer to this situation (where an idiot has hurt someone in contravention of existing legislation) is more legislation.

Its already against the law to behave recklessly; if someone is prepared to act recklessly then I feel that licensing will make no difference to that individual's behaviour. If the possession of a licence turned all drivers into safe considerate people the roads would be a lot safer than they are.

It would mean a lot of time, effort and expense for a lot of people, for no benefit.
Hear Hear.
__________________
Need spares,consoles,consumables,hire,training or even a new boat?

Please click HERE and HERE and support our Trade Members.

Join up as a Trade member or Supporter HERE
Nos4r2 is offline   Reply With Quote
Old 19 December 2005, 17:58   #66
Member
 
Country: UK - Wales
Town: swansea
Boat name: Too Blue
Make: BLANK
Length: 8m +
Engine: Suzuki DT225
Join Date: Mar 2004
Posts: 12,791
Quote:
Originally Posted by Nos4r2
Hear Hear.
SNAP!!!
__________________
codprawn is offline   Reply With Quote
Old 19 December 2005, 18:14   #67
Member
 
Richard B's Avatar
 
Country: UK - England
Town: Devon
Boat name: White Ice
Make: Ranieri
Length: 5m +
Engine: Suzuki 115hp
Join Date: Jul 2002
Posts: 5,015
OK - so you know what the answer isn't.... but can you come up with a practical solution?
Richard B is offline   Reply With Quote
Old 19 December 2005, 18:19   #68
Member
 
Country: UK - Scotland
Make: HumberOceanOffshore
Length: 8m +
Engine: Volvo KAD300/DPX
Join Date: Oct 2002
Posts: 4,962
Lawrence already told you.

Quote:
Originally Posted by Lawrence
......(where an idiot has hurt someone in contravention of existing legislation) ......

Its already against the law to behave recklessly....
The appropriate response is in place already.
__________________
JW.
jwalker is online now   Reply With Quote
Old 19 December 2005, 18:23   #69
Member
 
Richard B's Avatar
 
Country: UK - England
Town: Devon
Boat name: White Ice
Make: Ranieri
Length: 5m +
Engine: Suzuki 115hp
Join Date: Jul 2002
Posts: 5,015
The appropriate response appears to be failing!
Richard B is offline   Reply With Quote
Old 19 December 2005, 18:41   #70
Member
 
Country: UK - Scotland
Make: HumberOceanOffshore
Length: 8m +
Engine: Volvo KAD300/DPX
Join Date: Oct 2002
Posts: 4,962
I agree someone appears to have fecked up but adding more law might confuse 'em even more.
__________________

__________________
JW.
jwalker is online now   Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off





Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -5. The time now is 06:42.


Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.