RNLI Rescue charges

[ParaHandy]

Re: Whoa

... more jermain to the issue (yuk) those who don't reach a 100 should pay a tenner .... damn, I've just saved you £10 ....

<hr width=100% size=1>

 

[claymore]

Re: Whoa

Or - everyone who has contributed to the post - apart from the originator - pays a fiver?

<hr width=100% size=1>regards
Claymore
/forums/images/icons/smile.gif

 

[ParaHandy]

Re: Penalise the criminally foolhardy?

what struck me about this was the charge couldn't be proved which shows how difficult it must be to apply the law to maritime incidents ....


<hr width=100% size=1>

 

[jimi]

Re: Penalise the criminally foolhardy?

Or that the marine establishment did not wish this prosecution to succeed !
Quote from MAIB report.. emboldenment of font is mine

Footnote
The skipper was tried, twice, on manslaughter charges. The jury failed to reach a verdict at the first trial so a retrial was ordered. At the second one, the judge directed the jury to return a verdict of not guilty on the grounds that the prosecution was unable to call expert opinion evidence to support a gross negligence charge. The skipper was also charged for failing to register a vessel under the Merchant Shipping Act. He was found not guilty.

One of the issues to arise after this incident was a dispute about the insurance cover at the time of the incident. The MAIB does not become involved in such matters but very strongly advises skippers to ensure they have documentary evidence of the cover provided before putting to sea.





<hr width=100% size=1>

 

[ParaHandy]

Re: Penalise the criminally foolhardy?

i meant to mention that the law only appears to operate when serious injury or death is involved (portland vs tynemouth). There isn't a preventative structure eg this individual clearly an idiot because of the actions he took therefore we will take away his licence which the law can not do because he doesn't need a licence .....

would the expert opinion be troubled with convincing the court that a 46 ft boat could get into such difficulties .... ?

<hr width=100% size=1>

 

[sailbadthesinner]

Re: Whoa

can we not simply do what we always used to
create a highly unpopular tax situation and levy it on the Scots only first to see if it is worth applying to non scots posters.

now that sounds like an idea
I commend this to the house

<hr width=100% size=1><font color=red>if guinness is good for you. i must be very very good</font color=red>

 

[Bergman]

Re: Penalise the criminally foolhardy?

Yes

Well known case a few miles from home - man fell asleep and caused a rail crash. I believe 11 dead and biggest claim on motor insurance in history.

The driver was charged with causing death by dangerous driving - a specific offence with no parallel at sea.

However

No reason why skipper who causes death by negligence cannot be charged with manslaughter, indeed 2 cases spring to mind where this has happened, one on the Tyne and one on the Camel. There may be others.

Different case though if no lives lost - no criminality unlike driving car where one is prosecuted for what might have happened.

As for charging by RNLI that is a policy decision by them, in my opinion a right one. Would it be sensible for them to have to agree and get a signature on a contract before fishing you out the 'oggin - No - leave well alone.

BTB only time I fell foul of this sort of thing was getting a bollocking for going into Whitby in marginal conditions and NOT calling for lifeboat to escort me in.

Another thought just occurs - if this man had taken the instruction/advice from the harbourmaster and stayed at sea but lost the boat and one or two crew what would be the extent of the harbourmasters liability? He is a professional giving professional advice there must be some liability if it goes pear shaped.

<hr width=100% size=1>

 

[Sybarite]

Re: Over there ....

The SNSM does not receive any government funding.

The boats (excluding the RIBs) typically are smaller but faster. I saw a couple receiving the final touches in my marina and they are beautifully built but a much simpler concept than the British boats. They had a sharp bulbous bow and because of the quality of their performance they are now replacing the older larger boats which they were not originally intended to do. Also because they are cheaper you can have more of them and you don't need the same long range as say in the Arran class. ( Don't they consume something like 100 gals/hr and cost £2m ?).

When you have a major storm there are two ocean going salvage tugs which take up station off Ushant and there is fairly extensive helicopter coverage.

John

<hr width=100% size=1>