steveeasy
Well-Known Member
Well that's covered that then. think were back where we started, or was it. very little traffic on the roads so it seams few people are going anywhere. The Law works wonders!!.
Steveeasy
Steveeasy
If the marinas didnt have a skelton crew a boat could catch fire, sink, whatever, and the emergency services be deployed when they have better things to do.
Really this is desperate.
That's the thing, if they close they only need a skelton (sic) crew, and they can furlough the rest.
Whereas if people want access it involves more people being there.
Please lets stop obsessing about the law - most of us are not lawyers, and most have very little idea how to interpret the law.
The Act says; "(2) For the purposes of paragraph (1), a reasonable excuse includes the need— " so note that the list is NOT exhaustive or prescriptive, and ultimately it would be a matter for the Court to determine what is a "reasonable excuse". Rightly the legislation has been drafted in very wide terms and the chances of a conviction or a fine being up held before any senior Court are extremelly remote. The recent example of the lady who was arrested, draged to Court, fined, and has now had her "conviction" set aside - as some of us knew would have to happen.
THAT is the point. The idea is we must all self distance (or whatever the popular term we chose maybe). IT is very clear. How we go about that is a matter of understanding and applying the basic concept. Unfortunately the Government seems to be stuck between expecting us each to display a modicum of intelligence - and not.
It is unfortunate that if you take the excercise part literally (which far too many people are) you do not achieve ANY of the objectives sort by the advice and / or the legislation - which is why there has been further clarrification. Rightly every case cannot be judged on a prescriptive set of rules either as the legislation is drawn or as the advice is given.
I would suggest that those who walk on a crowded seafront promenade have completely missed the point, and are placing themselves and others and the NHS at greater risk than a walk in the country side, but, both are at least doing their very best to honour the spirit of the legislation. As the article I referred to earlier suggests, what we dont need is vigilante and other organisations thinking they are epidemiologists or enforcers of the non existent law because they place themselves and everyone else at more risk than if they did nothing.
I gave the classic example which I personally observed both of the police lady constable leaning into a car window for at least 15 minutes, and repeatedly trying to get far to close to me. Both were unacceptable and is indicative of the problems we cause when we ignore the evidence before of us or dont think about what it is the Government is trying to achieve.
The message really is so simple - keep a safe distance between anyone you are not living with - how you achieve that is really up to you, and we have been given lots of advice. Follow the advice, use your brains and common sense, surely it isnt that difficult.
That post makes some useful and important observations. Legally the issue is very straight forward; if you leave your home you need show you have a “reasonable excuse”. Whether a court considers a visit to the local marina a “reasonable excuse“ will depend on the circumstances, and is impossible to say on a forum like this, without knowing all the facts, whether it could be considered “reasonable” in a particular case. However, I suspect one factor a court will pay particular attention to in deciding if the excuse of visiting your boat in a marina was reasonable will be the level of risk you create of spreading the virus and coming into contact with others. A large busy marina in the Solent may present a very different situation to a small quiet marina somewhere else.
There is, however, a totally separate moral issue about whether we should all be applying the spirit of the law and following the government guidance to ensure there is a clear message to avoid the risk of spreading the virus. It maybe possible to argue that a visit to the marina is a “reasonable excuse“ in law, but if this is seen to confuse the message then does that not risk undermining the law and carry the danger of spreading the virus?
Or maybe the socially distanced guy working on the boat next door has just fallen off his ladder etc etc ,someone needs to call an ambulance
Doesn't affect me, I couldn't get to my boat if tried, my marina is locked down except for one member of staff doing daily security patrols.
I sympathise with those who have boats on moorings and are worried about them, but not with those who's boats are in a yard, in the grand scheme of things it's only a boat
Which I would argue is not supported by the facts.
Do you know where the highest rate of accidents occur? Whatever you do dont stay in your home if you want to keep the number of people going to A and E down in normal circumstances.
The heli pilot - I can imagine someone will say - well he might crash. Do we understand the statistical chance of that happening - but of course they will say dreadfully dangerous machines, waiting for an accident to happen.
Can you only imagine the DIY'ers who dont normally at the moment as but one example doing all those things they would normally do at home. I know there are plenty going to A and E.
Again, I would argue we must consider the evidence and not allow our emotions to distract.
This is one of the worst threads i have ever read on the whole of YBW.
Nearly 700 people died in the last 24 hours !
My wife works in the food industry, still working in the factory with 50 other people, so you lot can eat.
My sister works in the pet food industry, still working so you can feed your pets.
My eldest daughter works in the care system, still working, despite being in one of the high risk groups.
Countless others in the NHS, food industry etc etc are still working and literally risking their lives for others.
Some of the drivel posted in this, and other threads, by people whining because they can't go sailing, can't go for a drive, don't want to comply with the regulations, etc are a total disgrace.
Shame on you !![]()
All that would take to work would be to ensure that no one already had the virus and left it on the doors/gates/locks/handrails/keypads/hosepipes or the pulpits of those boats who’s owners always park them sticking out across the pontoon.
I have now given this matter some more consideration.
i understand that many marinas have closed in order to limit numbers of people attending and rely on their having taken the decision that they are the same as "caravan parks".
I find few similarites with caravan parks. Some boats require reasonably regular maintenance and checks to ensure that all is well. This is not happening. In my own case despite reassurances from the marina, the boat has suffered considerable damage. This might have occurred anyway, but the relatviely simple work to make it safe and secure was inadequately performed.
The other argument is that the marina would be inundated with to many berth holders. This is not the case, Berth holders could be allocated a slot to check (and do no more) their vessels and systems and go away again. Dountless many would be happy not to come and of course that would be a matter for them. A one hour slot would be more than adequate, extendable at the discretion of the marina if needs must.
Finally the question arises over people using the facilities. If the marina is closed anyway these could be locked closed so they cannot be used.
This will come to an end - at some point. It may be weeks, it might be longer. However there will be pieces to pick up, impact on the economy and on businesses, and it goes without saying tragic loss of life. Life goes on, maybe not now but it will, and the sooner we addess these matters the better, becasue inevitably we will have to do so.
I am not going to get into how people get to the marina - we have done that to death - some people live very close, so they arent travelling far.
This is the reality and if marinas are interpreting the law as they think appropriate then at the very least they should be in consultation with the Governement since the Governemnt has not seen fit to mention marinas - or airports for that matter - and I refer to all the owners of GA aircraft who face similar concerns (albeit possibly less severe in the short term), and the majority of who have not been locked out of the airports at which they are based.
I have written to the RYA.
I was however a little surprised to receive a note asking that the mooring fees still be paid in advance, along with the years harbour dues ... I'm afraid they will have to whistle for that!