Are flares legally required if

footsoldier

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Regardless of the requirements of French (or any other country's) law, in the event of a calamity you need to be able to show that you have complied with the the advice of SOLAS, RNLI, RYA and all the other official pronouncements, otherwise you would be up sh*t creek if someone decided to sue you. So the answer's a double-yes.
 

flaming

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[ QUOTE ]
Regardless of the requirements of French (or any other country's) law, in the event of a calamity you need to be able to show that you have complied with the the advice of SOLAS, RNLI, RYA and all the other official pronouncements, otherwise you would be up sh*t creek if someone decided to sue you. So the answer's a double-yes.

[/ QUOTE ]

Sadly, probably very true.
 

Kantara

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I believe the answer in 'No'. If you are registered in the UK you abide by the UK rules and there is no legal requirement to carry flares in the UK. However, if you are carrying flares in French waters and they are out of date, you will be committing an offence, but I think it is because of the explosives regulations not SOLAS.
 

pikeyrm

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[ QUOTE ]
advice of SOLAS, RNLI, RYA and all the other official pronouncements, otherwise you would be up sh*t creek if someone decided to sue you. So the answer's a double-yes.

[/ QUOTE ]

Another no
ADVISE is not law
 

matelot

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true but in judging whether you have been negligent in a claim against you for damages the court will no doubt take a view on what is good practise, and will most likely listen to the RYA.

the RYA do quite a bit of this expert witness stuff - or at least they talk about it quite a bit.
 

Tranona

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I always thought that one carried flares to draw attention to ones prescence - not as protection against a claim for negligence. Would be interested to know if there has EVER been a claim for negligence against a private person for not carrying flares (in or out of date)!

T'would be different if one were operating commercially under the MCA code of course!
 

oakum

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Can't believe this thread - just carry the f***ers they may save yours or someone elses life - WTF has the law got to do with the price of fish?
 

RAI

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One could construct other cases, where the use of a flare proved counter productive.

Crew member dropped it when he burnt his hand. Parachute flare hit rigging and returned to cockpit.
After evacuating the burning boat, the second flare burnt holes in both tubes of the life raft.

Still, one does have the excuse that we are not allowed to practice with flares, not even old ones.

There ought to be designated practice areas and days supervised by an MCA officer. We could all go along and practice discovering duds, burning ourselves or the flares, and getting generally excited. Thereby learning how dodgy they are, how to use them "safely" and simultaneously disposing of them legally.

Vote for a national distress-less flare day.
 

BrendanS

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I've been to several courses where a coastguard or rnli instructor gives full details of how to use the different types, along with 'dummy' examples of each of the different types, and their firing mechanisms. Then outside to let them off, under full supervision. Quite easy to arrange free of charge.
 

Refueler

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[ QUOTE ]
Can't believe this thread - just carry the f***ers they may save yours or someone elses life - WTF has the law got to do with the price of fish?

[/ QUOTE ]

At last words of wisdom.

I of course carry both in and out of date flares. In the UNLIKELY event I ever sail into french waters with my MAB and old flares - they will be suitably 'lockered' away out of sight with only the new ones in the canister.

Personally I get a little annoyed when people quote SOLAS / RYA / MCA / IMO etc. as many so-called laws as people put them are not laws. Many are pending ratification and advisory. IF you were found to be a casualty and suffer by failure to observe - then you would be in sh*t street of course - that is different to being in sh*t street for no reason.
 

EdWingfield

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I've watched a lifeboat crew training session whereby the smokes were ignited upwind - allowing the trainees to breathe the fumes. /forums/images/graemlins/confused.gif
 

toad_oftoadhall

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[ QUOTE ]
Would be interested to know if there has EVER been a claim for negligence against a private person for not carrying flares!

[/ QUOTE ]

Me too. Can anyone point to such a case? Personally I have my doubts but a report in the sailing (or other) press would confirm it.

Incidently, can anyone point to some cases of British Residents prosecuted for out of date flares in France? Crops up periodically but I've never seen a report, be nice to have a read.
 

toad_oftoadhall

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[ QUOTE ]
Can't believe this thread - just carry the f***ers they may save yours or someone elses life

[/ QUOTE ]

Do you carry everything that may save yours or someone else's life?

[ QUOTE ]
WTF has the law got to do with the price of fish?

[/ QUOTE ]

Some people find it interesting. If it doesn't interest you just ignore it rather than posting your purile nonsense.
 
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