JumbleDuck
Well-Known Member
A summary offence simply means that there is no right to a jury trial. That doesn't preclude a police interview beforehand. Committal/preliminary hearings only apply to indictable offences
Roland Wilson Guilty!
- Thread starter cryan
- Start date
A summary offence simply means that there is no right to a jury trial. That doesn't preclude a police interview beforehand. Committal/preliminary hearings only apply to indictable offences
rotrax
Well-Known Member
Will the real Rowland Wilson please stand up......................
l'escargot
Well-Known Member
It wasn't an arrestable offence, there was a committal hearing in April and a case management hearing in July - it was tried under English law which is different from Scottish Law. You need to look up Criminal Procedure Rules - Wikipedia isn't your best source - can't remember which part off hand, English law of course...
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savageseadog
Well-Known Member
I'm Wilson
A1Sailor
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JumbleDuck
Well-Known Member
Still doesn't preclude an interview with the cops. Not that I imagine they had anything to do with it. Can MCA bods interview under caution?
Were the offences he was charged with either-way?
Kukri
Well-Known Member
MCA Enforcement Unit most certainly do interview under caution.
Police not relevant or needed.
http://www.dft.gov.uk/mca/mcga07-home/aboutus/mcga-aboutus-transparency/enforcement_policy.htm
JumbleDuck
Well-Known Member
Thanks. That's what I expected. I'd be very surprised if nobody asked for an explanation between the crash and the summons.
rotrax
Well-Known Member
Me too.
Uricanejack
Well-Known Member
Were these charges not just the nautical equivelnt of a traffic ticket. Three tickets 3 fines
Capt Popeye
Well-Known Member
Anyways, in considering the 'rights and wrong' of Harbour Authority Rules, Court Judgements, Colregs, Sail over Power, restricted by Draught etc etc; there is also a regulation in Part B, steering and sailing rules, Rule 6. Part A General. 3 that requires all vessels to navigate safely and at safe speed so as to avoid the risk and avert a collision
Having viewed the Video of the incident in question, I assume that the fleet of similar sized Yachts sailing in a group passed the collision were also in the same Yacht Race, these Yachts appeared to flying along, at quite a lick, so were they obeying / complying with this rule of safe speed?
I do wonder how this should apply, as in this case, to a Yacht Race organised in such Public and Crowded waters with Commercial Shipping being given some priority due to navigational restrictions
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rotrax
Well-Known Member
Anyways, in considering the 'rights and wrong' of Harbour Authority Rules, Court Judgements, Colregs, Sail over Power, restricted by Draught etc etc; there is also a regulation in Part B, steering and sailing rules, Rule 6. Part A General. 3 that requires all vessels to navigate safely and at safe speed so as to avoid the risk and avert a collision
Having viewed the Video of the incident in question, I assume that the fleet of similar sized Yachts sailing in a group passed the collision were also in the same Yacht Race, these Yachts appeared to flying along, at quite a lick, so were they obeying / complying with this rule of safe speed?
I do wonder how this should apply, as in this case, to a Yacht Race organised in such Public and Crowded waters with Commercial Shipping being given some priority due to navigational restrictions
I bought this up once before.
The racers and clubs are very defensive of the status quo.
They say that shipping is a hazard to be expected and COLREGS apply to yachts racing.
Capt Popeye
Well-Known Member
Aye Skipper, Colregs AND Port / Harbour Authority Rules apply; just perhaps the Yacht Races are deemed to be getting 'out of hand' a wee bit in the Solent? methinks?
Would society tolerate Boy Racers or Organised Races on our Public Roads in the same way?
Just perhaps Spinnakers should be banned in an attempt to make the Yachts racing more controllable? and therefore easier to stop, as in Colregs, to avoid any collision?
A1Sailor
...
I assume that the fleet of similar sized Yachts sailing in a group passed the collision were also in the same Yacht Race, these Yachts appeared to flying along, at quite a lick, so were they obeying / complying with this rule of safe speed?
I think there were a number of different races sailing a number of different courses, so the yachts to which you refer may not have been sailing the same race as Atalanta. Also, I think there was a race close inshore on which Bob Fisher was commentating on the PA, with an exclusion zone into which Atalanta couldn't enter.
However, I wasn't there so know as much about it as we all do about what was discussed in court. Someone who was racing that day might be able to advise.
Keen_Ed
Well-Known Member
There are already organised races happening on the public road - and they're not closed off roads either. Bicycle races. About the same speed relative to a car as a sailing boat goes to a ship.
bedouin
Well-Known Member
Aye Skipper, Colregs AND Port / Harbour Authority Rules apply; just perhaps the Yacht Races are deemed to be getting 'out of hand' a wee bit in the Solent? methinks?
Would society tolerate Boy Racers or Organised Races on our Public Roads in the same way?
Just perhaps Spinnakers should be banned in an attempt to make the Yachts racing more controllable? and therefore easier to stop, as in Colregs, to avoid any collision?
It is not about racing - since racers still have to stick to the rules - the road equivalent would be to ban private vehicles from the motorways to stop them getting in the way of commercial vehicles
FishyInverness
Well-Known Member
Agreed, and if a car thinks they can make it to nip across the front of an HGV approaching from the right on a roundabout, and gets a scrape, the insurance company would find fault with the driver of the car, it doesn't mean cars shouldn't be allowed on roundabouts, just that they should stick to the established rules, or expect it to hurt their pockets...
bedouin
Well-Known Member
In this case it was more like a lorry on the roundabout swerving suddenly to avoid a broken down car. And as is often the case on the roads the real cause of the accident got away with it
JumbleDuck
Well-Known Member
There is a cycle race on public roads in Scotland which not only closes off roads but traps residents inside the course for the best part of a day, with no crossings allowed. The locals have retaliated with tacks on the road, and I have to say I am in complete sympathy with them.
FishyInverness
Well-Known Member
But the "real cause" is somewhat subjective, some might say that the car was at fault for not giving way to the right regardless of the maneouvres performed by the HGV whilst on the roundabout, some might say that the presence of an escort vehicle flashing the car with it's headlights before it decided to head out onto the roundabout should have prepared the driver to give way...real causes are always a matter for personal opinion, but the rules is the rules!
