Deliveries: The Greater Debate

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For reasons of clarity and not to place emphasis on the one incident that prompted the thread "La Rochelle Disaster", it has been indicated to me, from those that have much to learn and gain from the world of "Deliveries", to bring this out in to the open as a specific thread. To achieve this I set it out below.

It is important, irrespective of the different and controversial points of view that will be made, that an open and balanced debate is given to the subject of the delivery of vessels.

Whatever your point of view and the direction from which you are coming from, much will be gained from this process, while at the same time it will become an information centre to enable a study of all aspects associated with Deliveries.

Whether you are a vessel owner, delivery company, skipper or crew. Insurer, lawyer, coastguard, maritime authority or politician, from wherever you are in the world, let this debate be open to all.

There are many issues to be raised, where areas of concern and responsibilities are loose and have no legal base. The ramifications of the poor or lax and sometimes non-existent regulation of deliveries are slowly emerging, but only from when disaster strikes. History is full of incidents, other than in sailing, when something positive is done, but only after a number of deaths have occurred. Does it have to take a death to secure a recognised set of regulations to oversee a particular type of business? The answer of course is no, but then we are in the real world and subject to whatever regulations, laws and terms and conditions that are laid before us or often not, imposed upon us.

Those that go about their normal daily commercial business, undertaking deliveries to the four corners of the earth, will not mind some form of regulation, if it is there to protect all concerned. There will be those that will seek out the loopholes, thus placing in jeopardy those who unknowingly take part in the activity and, thus, may not be protected. There will be reputations at stake as well. What of the new yachts, straight off the production line, hence to be delivered to some near or distant part, which but for the builder's reputation, is taken at face value not knowing if there is a fault on one of them. Minimum equipment levels is just one other concern and the list of what should be looked at is only the tip of the iceberg.

The clock has started ticking on this debate. Are you really concerned about the vessel delivery industry? Whatever level this may be from, whether commercial delivery company or self employed delivery skipper, to the owner seeking someone to deliver to your boat. Or are you an insurer, finance company or bank having an interest in the said vessel, or the lawyer that will be saddled with looking at the small print (if there is a contract involved).

The regulars of these forums that write prolifically within them and, those many, many readers that are sometimes bemused with what is being requested on them, perhaps you have something to say. There are many who read these forums that will have a profound interest in what is being said here, but cannot enter into comment for fear of ridicule, or wish to protect their identity. I ask all of you to have your say. The UN agency responsible for maritime affairs the International Maritime Organisation - IMO is based in London, the only main agency to be based within the UK. This Forum is UK based, but the users of them are from around the globe with an interest in sailing from different points of view. The boat delivery industry is international, for there to be an international standard, it would mean that each country would have to adopt and incorporate in to national legislation whatever legislation was prescribed. This process is long, but is it needed or should individual countries take their own actions. This is something to be looked at when we get an understanding of where the industry is today.

Please, have your say and encourage others to have theirs.

Martin


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philmarks

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We have enough regulation already. From what I have read on this forum I believe that the crew were all well qualified. The boat was I believe CAT A classified (could be wrong on this I acknowledge).

The crew were contractually engaged and compos mentis. The skipper was responsible (and apparently had 50k nm under his belt).

These people went to sea qualified to assess and understand the risks.

Would you regulate hill walking or mountaineering?

It's a sad story, but these things will happen from time to time. We cannot and should not legislate them away.

If it was that bad the harbourmaster could have "closed the harbour" which happens in some places and could in theory have prevented them leaving, but would not prevent a vessel entering in extremis.


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Phil
 

jimi

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Ain't got a clue what you're actuallly trying to say! As far as I can see a delivery is no different from any other voyage where the skipper makes a judgement as to the suitability of the craft and conditions and is ultimately responsible for his decisions.

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paulrossall

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This Great Debate a waste of time.IMHO

Jimi
I agree with you. Don't know what all the fuss is about. It always surprises me how many words can be strung together and yet appear to not say anything worthwhile at all.
 

tony_brighton

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I dont think regulation is the answer - just make sure you have a contract for the delivery which clearly states what service is being delivered, when and for what fee. Spend the time on the contract (maybe an industry recognised standard form?) rather than regulation.

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Mirelle

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I disagree.

First, I should declare an interest. Some of my friends work as professional yacht and small commercial ship delivery skippers and crews.

They would certainly pass any required certification, but here is the problem.

There is a grey area between the professional ship delivery firm taking a boat from A to B and the owner's friend doing the same thing. Any attempt to regulate professional delivery firms will simply create a black market in commercial deliveries masquerading as something else.

This grey area exists at the moment, but because the professional firms do not have to bear the added costs of compliance, they are not very much more expensive than the semi-amateur. Subject them to the added costs, and they soon become too expensive and the black market semi-amateur gets the business. The cure is worse than the disease.

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tcm

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Nutters: The Greater Debate

For reasons of clarity and not to place emphasis on one incident, there are those that have much to learn and gain from the world of "Nutters", to bring this out in to the open as a specific thread. To achieve this I set it out below.

It is important, irrespective of the different and controversial points of view that will be made, that an open and balanced debate is given to the subject of the Nutters, and especially Nutters on Boats.

Whatever your point of view and the direction from which you are coming, much will be gained from this process, while at the same time it will become an information centre to enable a study of all aspects associated with Nutters.

Whether you are a Nutter, or married to a Nutter, or sometimes sail in company with a Nutter, or are a doctor, a shrink, policeman, social worker, prison doctor, or manufacturer of restraining apparatus, from wherever you are in the world, let this debate be open to all.

There are many issues to be raised, where areas of concern and responsibilities are loose and have no legal base. The ramifications of the poor or lax and sometimes non-existent regulation of Nutters are slowly emerging, but only from when disaster strikes. History is full of incidents, other than in sailing, when something positive is done, but only after a number of godawful dinner parties have been held. Does it have to take a food-fight and stomping off to secure a recognised set of regulations to oversee a particular type of Nutter? The answer of course is no, but then we are in the real world and subject to whatever regulations, laws and terms and conditions that are laid before us or often not, imposed upon us.

drone drone drone


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Peppermint

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Re: Regulation = Cost

Despite the RNLI/YM promoted idea that delivery skippers are out there play russian roulet with other folks boats most deliveries are straight forward in the extreme. The UK industry seems to be mainly made up of reputable companies using qualified and insured skippers. My only reservation is the way holiday makers seem to make up much of the unpaid crew. The market seems to regulate itself in normal commercial ways.

If you want regulation to remedy something that ain't broke well that just put's you in modern times. You'll be right up there with HMG who are concerned about tap water being to hot or kids missing a weeks school or getting armed men on to airliners to please the yanks.

I don't do ocean deliveries but I've done my share of long European trips and I'd say the skippers tend to be of a higher calibre than the boats we're asked to deliver.



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Chris_Robb

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Blimmey

as per the others - not really sure what you are getting at.

I think that there is enogh regulation in this world. The best way to manage risk of this type is to learn from your own mistakes (if you survive) and those of others. I cannot think what form of regulation could have changed the outcome of the Rochelle incident.

Trouble with things today is that people are expecting everything to be risk free. By reducing exposure to risk we actually reduce peoples ability to make their own decisions because they have less experiance.

Leave it alone



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Aja

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Maybe to try and bring this post back into focus.

I dont have any knowledge of the 'delivery' market.
What I would like to know is what is required (legal or regulatory) in order to call yourself a 'Delivery' skipper rather than a 'Skipper'.
Are qualifications required. Do you need to carry insurance - for yourself/crew and/or for the boat?
My point is that there is always a risk associated everytime we take our boats to sea. We (obviously) accept these and try to minimise these risks.
In my opinion, however, the skipper in charge of the boat that foundered off La Rochelle was taking a risk I wouldn't have. Did he take that risk purely because he was delivering a boat and in that particular contract. Or, would he taken that risk if he was just cruising.




Donald

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zephyrsailor

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delivery are fairly regulated. owners/insurance companys generally insist on qualifications. to work comersially then you get commersially endorsed yachtmaster ticket. so it's not like people who are unqualified are running around delivering boats. and you can't legislate against poor desision making really.

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circumnavigation

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Re: I disagree.

From the short time that I placed this thread on the forum, much comment has been made and it is what this is all about. Many have asked what is it that is being stated: What is the point that is being made?. Others have stated that there should be little or no regulation.

The stance that has been taken here is one of simply bringing the subject out in the open, by way of debate. But, why should I want to do it? Do I know something that many of you do not? A forum is basically the opportunity to share one's information with, or to seek information. Here, it is to bring out all the different aspects of the delivery industry. Yes, it is the disasters that attract attention, but it is also the ones that regulators look closely at. In doing so, should it be decided to have a set of standards or regulations or by any other name, you are still going to get those who flout them. Therefore it is better to discuss this on an open forum, to better understand what is involved, as to discuss this openly it will give an openminded opportunity to have an informed global opinion.

I am not seeking an extreme regulatory intervention, as this will drive the industry underground, but to give the industry the opportunity to look at what is actually going on. By definition, the industry is anyone that is involved in the delivery of a vessel, by formal contract or otherwise. Perhaps a self-governing global federation where interested parties have come together to preserve the professionalism of those involved. If the industry can be seen to be caring and to preserve its operation, then maybe the regulators will have a more focal point to discuss this with.

Martin

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tcm

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Re: agreed

I should say from the start that I recognise the point you are making, and fully agree that the forum has for too long become a resting place for shorter and shorter posts and even a mere repository of abbreviated comments, whereas the real requirement is for a good deal more extended and expansive posts of the type you propose.

This especially applies if the subject is far reaching and important, but no less if the subject isn't very important at all, as the forum itself can then stand as a permanent record of each person's individual committment to long, long sentences and comfy paragrphs, easily filling an entire page but without saying very much or indeed sometimes without saying anything, even though each person is of course entitled to their view, as is anyone and everyone on the internet. Indeed, the freedom of speech and of course the freedom to fill up internet severs is one of the greatest gifts that have been won over the past century and now affords every single one us the widest possible opportunity for this as well as many other subjects to be discussed, regardless of our age or background or even location.

It is only through this form of expression and exchanging of ideas that a full debate can possibly be managed and it is via the forum that as many different viewpoints as possible can be put forward , allowing longer and even longer sentences, a seemingly inexhaustible supply of sub-clauses, eventually producing a self-satisfying glow yet resulting in an almost unreadable post and boring the pants of every single reader.

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tome

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Re: agreed

More or less what I was going to say, though I gave up when I couldn't stretch the point beyond a short paragraph.

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jimi

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Re: I disagree.

Circie babe, you're posting in the wrong place .. see my tacograph thread ...

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doris

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Smashing prose

Martin, I love your prose (which branch of the civil service do you work in?) but I still don't see where you are trying to get to. We all know that there is too great a propensity to regulate in the modern world and that sh*t happens in the best regulated families (ask your parents). Insurance companies will continue to try and protect their shareholders and sailors will drown..... part of nature.
The point I tried to make originally with the 'La Rochelle Disaster' thread was .........How accurate was the weather data available to the skipper because if he had what he should have had, the decision to leave was insane or was he misinformed.

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