Jet ski crash legal ruling

[Sailfree]

The sooner we all learn that we are only here to benefit the legal profession and pay up the better.

We have a quaint system based on interpreting the letter of the law and this should not be confused with justice, fairness or punishment of the guilty. They only try this on the continent (yes that dreaded EU) where they have an inquisitorial system thats sole job is to establish the truth. I am sure it also has its own problems but you have to blame Nepoleon for them and trying to be so sensible along with his grand ambitions!

 

[Slow_boat]

This is what happens when the lawyers get hold of something!

Buggersmuddle is the right word.

I rest my case, m'lud.

PS would it be very bad to wish it does lead to a ban on chav-skis, sorry, jetskis, except in their own little bits of the lake district?

 

[TheBoatman]

What I would like to know is our bewigged friends have managed to find a "vessel" that seems to lay completely out side of the "rules of the road".

Do you think that they might turn their attention to finding a car that doesn't have to obey the highway code!

Mines a Vauxhall /forums/images/graemlins/tongue.gif

 

[MYStargazer]

[ QUOTE ]
I wonder if it matters that only Kawasaki's are jet ski's, all the rest are PWC's.

A bit like a Dyson is a vacuum cleaner and not a hoover...

[/ QUOTE ]

Their Lordships were careful to deftly distinguish a Jet-ski from a Waverunner.

I can imagine them trying them out in full regalia...

 

[MYStargazer]

[ QUOTE ]
The sooner we all learn that we are only here to benefit the legal profession and pay up the better.

We have a quaint system based on interpreting the letter of the law and this should not be confused with justice, fairness or punishment of the guilty. They only try this on the continent (yes that dreaded EU) where they have an inquisitorial system thats sole job is to establish the truth. I am sure it also has its own problems but you have to blame Nepoleon for them and trying to be so sensible along with his grand ambitions!

[/ QUOTE ]

In fairness, ours is the best and most respected legal system in the world, bar none. We have written most of the world's constitutions, and our courts' precedents are voluntarily followed by courts affecting about a third of the world's population.

English law is the most commonly chosen contractual law and jurisdiction in the world, and earns the UK billions of pounds in invisible exports annually.

Apart from that, you're on the money. Oh, except that justice is merely a moral ideal the law seeks to uphold: the two are not synonomous and shouldn't be confused.

 

[MYStargazer]

[ QUOTE ]
What I would like to know is our bewigged friends have managed to find a "vessel" that seems to lay completely out side of the "rules of the road".

Do you think that they might turn their attention to finding a car that doesn't have to obey the highway code!

Mines a Vauxhall /forums/images/graemlins/tongue.gif

[/ QUOTE ]

It's just the result of crap legislative drafting. Doesn't happen often, though, so give 'em a break.

Not the fault of lawyers or judges, either, but of the civil servants who write these things. OK, these are lawyers, but not real ones...

 

[st599]

[ QUOTE ]
Do you think that they might turn their attention to finding a car that doesn't have to obey the highway code!

Mines a Vauxhall /forums/images/graemlins/tongue.gif

[/ QUOTE ]

The Highway Code is an Approved Code of Practice, like the IEE 16th Edition Wiring Regs. You can drive your car anyway you like, but if something happens, and your not obeying the highway code, you're automatically at fault.

 

[KevB]

[ QUOTE ]
Their Lordships were careful to deftly distinguish a Jet-ski from a Waverunner.

[/ QUOTE ]

The trade name for PWC's is irrelevant be it Jet Ski=Kawasaki, WaveRunner=Yamaha, Seadoo=Bombardier, Tigershark=Suzuki or Plaris (who no longer make PWC's) They are all the same, they look the same and use exactly the same system of propulsion. They can't distinguish a Waverunner from a Seadoo as they are both PWC's,

A Ford Focus and a Vauxhall Astra are both cars, just made by different companies /forums/images/graemlins/confused.gif All the above are PWC's just made by differnt companies.

The term 'Jet Ski' Is Kawasakis name for a PWC and has become the generic term for all PWC's.

 

[Twister_Ken]

I think I remember Windsurfer trying to protect its name throught the courts. Dunno the outcome, but I guess half of us call everything vaguely Windsurferish a windsurfer, while the 50% in the know use the generic 'sail board'

I stand to be corrected. I've been writing a stockbroker's website for weeks and my brain is addled.

 

[KevB]

Have a look at all the home pages of the PWC manufacturers, only Kawasaki call it a jet ski so I imagine they have the term jet ski protected?

 

[benjenbav]

I vaguely remember this too. I think there was a bit of a fuss when sailboarding first became an Olympic event and the selected board was not the eponymous windsurfer.

Must dash; need to finish the dysoning.

 

[jamesjermain]

Windsurfer lost their right to the name Windsurfer and patent rights on the design because, during a court case it transpired that in the 1950s a techie Brit had designed something similar but never marketed it. There were pictures of him sailing it in, I think, Chichester Harbour.

Incidentally, with regard to the Waverider ruling, there was a big difference between the two craft the judges were trying to pronouce on. The Jet Ski type was the sort you kneel/stand on, with a sort of flip-up steering system - much more like a surf board or ski, and the Waverider type PWC which is a sit-on thing, more like a waterbike, with fixed handlebars.

Basic common sense suggests both are vessels which should be liable to IRPCS and the shipping act - IMHO

 

[Sailfree]

Interested in your opinion but is it the same as our "army", "cars" etc are the best in the world. Surely most nationalities inherently believe that their own is the best. Not trying to be argumentative just objective.

Is the UK legal system really that good or merely used for historic reasons by ex-colonies (including the USA).

The problems of trying a fundamental change in the legal system are huge and are only be achieve by a dictator or an invasion and occupation.

The UK finding ours changed by the EU is a mute point!

 

[neilfs]

The trademark used by Yamaha for their PWC is 'Waverunner' not Waverider.

The standup Yamaha is a 'SuperJet' which you described as being stood or kneeled on. Kawasaki, Polaris, Yamaha and more recently Hydrospace all make 'Standup' PWC also.

Bombardier Recreational Products (Sea-Doo) also make a cross between a Standup and Sitdown craft.

But regardless of what you call one, the whole ruling was flawed and is littered with mistakes and assumptions because they had not properely examined a PWC itself.

I stopped reading it when I got to the bit about stowage when they had earlier said their efforts were limited to simply viewing photographs (and not many at that as most of the manufacturers boast about the amount of stowage space available).

A poor effort.