Whats all this nonsense....

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Extend this to your car. If you fit a handsfree device, it ought to undergo re homologation and certification testing for electrical safety. Or changing tyres, fit non approved makes or size. Oil to be correctly certified type/brand approved combination?

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If you change tyre size you have to notify your insurer because it can make the car less safe and your insurance could be invalid.
 
The BYM report doesn't make sense on the face of it. Yes, they're right there doesn't seem to be new regulation, but what seemed to have changed is that a crazy interpretation is beginning to be put on existing regulation.

It seems that any modification which could affect the essential characteristics of your boat - stability, manouevreability etc. will require the RCD classification to be re-assessed. On the face of it, this would include fitting a radar scanner or roller reefing (affect on stability), perhaps fitting equipment to the the deck, especially heavy stuff like a liferaft etc. On the face of it reading the Megawatt letter, it seems hard to say where you draw the line.

It just goes to show that common sense and bureaucrats don't mix. It will be a shame if this prevents people fitting essential safety equipment to their yachts.
 
>It will be a shame if this prevents people fitting essential safety equipment to their yachts. <

It could be cogently argued that if the safety equipment is essential, then the builders should provide it as standard equipment.

After all, you don't buy a car and fit your own seat belts and airbags.
 
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>It will be a shame if this prevents people fitting essential safety equipment to their yachts. <

It could be cogently argued that if the safety equipment is essential, then the builders should provide it as standard equipment.

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What's essential safety equipment for one owner isn't for another. Not every boat has to have a radar scanner fitted from new 'just in case'. Or if you add heavier rigging for a circumnavigation say, that would on the face of it invalidate the RCD.
etc.
 
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So who do we believe?

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If you read my post carefully you will see that there is no conflict in essence between the two positions though there is a fair bit in interpretation. Marion Martin being an intense Europhile, the tone of the post on BYM is understandable.

As I said in my post, for the RCD certificate to be invalidated the modification has to be to an 'essential requirement' of the regulations, one of which is steering. If the addition of an autopilot tiller arm to a rudder stock in such a way that it weakens the stock, is not a modification to steering, I don't know what is. BYM acknowledges that the Commissioners said modifications to essential requirements would invalidate a certificate but claims the modification to trhe stock is not an essential requirement.

If you want to know whether the conclusions could be termed sweeping, please read the commissioners reply as published in the report here here. I think owners' concerns are quite justified.
 
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So what happens now, does Megawatts owner get prosecuted for using a non-compliant boat?

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The irony of the situation, of course, is that, no, he wont because there is no compulsion to use a certificated boat in a manner appropriate to its category - you can cross the Atlantic quite legally in a category D boat (certainly if it is British registered - it's slightly different if it is a French boat and some other nationalities). Categories are only important at the time the boat is first placed on the market in the EU and possibly when you try to get insurance.
 
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If you read my post carefully you will see that there is no conflict in essence between the two positions though there is a fair bit in interpretation. Marion Martin being an intense Europhile, the tone of the post on BYM is understandable.

As I said in my post, for the RCD certificate to be invalidated the modification has to be to an 'essential requirement' of the regulations, one of which is steering. If the addition of an autopilot tiller arm to a rudder stock in such a way that it weakens the stock, is not a modification to steering, I don't know what is. BYM acknowledges that the Commissioners said modifications to essential requirements would invalidate a certificate but claims the modification to trhe stock is not an essential requirement.

If you want to know whether the conclusions could be termed sweeping, please read the commissioners reply as published in the report here here. I think owners' concerns are quite justified.

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As you've brought my name into this, I have decided to make ONE reply. I am NOT "an intense Europhile", though I like to think I have a balanced view of Europe. My battles with the Commission - especially over the Emissions Amendments to the RCD - are well recorded and I was on the DTI consultee list for those amendments. I am, however, completely in agreement with the views of the Commission and the Irish MCIB on this one.
I'm afraid you are failing to understand what is meant by Essential Requirements. These do not apply to the components of a boat - in this case the steering - but to a principle, which in the case of steeing is manoevrability. Fitting an autopilot would be unlikely to change the manoevrability, so would not affect the Essential Requirement and thus would not affect the CE category.
I am writing an article, enlarging on this subject, for the next BYM Magazine, in the meantime you might like to consider the views of the MCIB http://www.bymnews.com/news/newsDetails.php?id=5473
 
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Then it's not essential, it's optional.

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Safety equipment like a liferaft is optional - until you sink, then it becomes essential. Surreal conversation...
 
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If you change tyre size you have to notify your insurer because it can make the car less safe and your insurance could be invalid.

[/ QUOTE ]I've never seen that specified in any of my insurance policies. When I fitted different sized tyres in the past, these have been recommended fitments warranted by the tyre manufacturer (or supplier) as suitable for that particular vehicle, which I feel should protect me as far as the "good faith" side of insurance disclosure goes.
 
Latest on all this nonsense....

BMF gives its comments on blog rumours about Megawat sinking

Following publication and wide circulation of a 'blog' by Elaine Bunting, Features Editor of Yachting World, much correspondence has appeared in BMF Technical Department inboxes describing an alleged European Commission ruling that "any after sales modifications to any part of a boat after manufacture, such as fitting an autopilot or self-steering gear, will invalidate the yacht's RCD code".

The British Marine Federation as the UK trade body, supported by the CEN Consultant to the Recreational Craft Directive (RCD) have no knowledge of such a ruling and in conjunction with a UK Notified Body we would make the following comments:-

The RCD is a trade enabling directive which is applied at the first point of sale or use of a new craft. It does not apply retrospectively to used craft already placed on the market in the EU nor does apply 'in use' requirements. The suggestion taken from the 'Megawat' builder's Declaration of Conformity that (sic) "This declaration will lost its validity if anyone carries out changes on board which touch the 'essential safety requirements' are not settled amongst ourselves" is entirely the builder's own words and does not appear in any part of the RCD.

While there is provision in the amended RCD for craft that undergo 'Major Craft Conversion' to be re-assessed when the modification 'alters the craft to such an extent that it is considered a new craft', this is aimed at the builder or person putting the 'converted craft' on the market or taking into first use. This provision was not in place when the 'Megawatt' was first launched in December 2001. No note has been made as to when the auto pilot was installed.


See the rest from the BMF release HERE
 
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