| Re: PRO Liability... what is the extent?
[Re: David Ingram]
#164958 01/14/09 01:09 PM 01/14/09 01:09 PM |
Joined: Apr 2008 Posts: 921 Alachua, FL Mugrace72
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Posts: 921 Alachua, FL | Imagine our surprise when our fellow competitors paddled right on by, oh wait you can imagine. I believe the 'F' word was the word of choice. HA HA Can we say failure to read the SI? "You may paddle at anytime.¨ However, paddles are not on the required equipment list. Again, HA HA
Jack Woehrle Hobie Wave #100, Tiger Shark III HCA-NA 5022-1 USSailing 654799E Alachua FL/Put-In-Bay | | | Re: PRO Liability... what is the extent?
[Re: Mugrace72]
#164962 01/14/09 01:21 PM 01/14/09 01:21 PM | andrewscott
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Unregistered | | | | Re: PRO Liability... what is the extent?
[Re: brucat]
#164964 01/14/09 01:29 PM 01/14/09 01:29 PM |
Joined: Jun 2001 Posts: 3,116 Annapolis, MD Mark Schneider OP
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Posts: 3,116 Annapolis, MD | Mike
WHY would the PRO want to get into the position of making a decision on the proper number of safety boats required as a condition for running the race?
As you note... you rarely have enough mark boats... much less safety boats. PU authored a policy for mark and safety boats , where to place them on the course, how many for how many boats etc for a SAFE REGATTA in a Hobie hotline. I have never been to a regatta that would have met his standard. As an internationally recognized authority on catamaran race management you could argue that his article defined the standard.... Failing to meet his standard would be negligent on the part of the OA and PRO. We would never have a race!
To me, this is another well intentioned idea that is just wrong. Again, you undercut the skippers sole responsibility to decide on racing or not when you inject this safety boat factor in your decisions on race management.
What happens if you loose a powerboat on the course... now you are below "your safety level"... are you to cancel racing for the day?
Finally, the worst aspect of a safety boat standard is that you shift the burden of safety from ALL the racing sailors to the Safety boats themselves.!
Dave has the right idea... He is following the RR of sailing. He stops at a crash and checks on safety.... AND he expects other skippers to Stop and check crashes where appropriate. The game awards redress for that time spent not racing. ...
If you think that a safety boat will be along to check out the crash and you can just continue racing... not good!
Is race management training changing this firewall?
crac.sailregattas.com
| | | Re: PRO Liability... what is the extent?
[Re: Mugrace72]
#164966 01/14/09 01:31 PM 01/14/09 01:31 PM |
Joined: Jun 2001 Posts: 3,906 Clermont, FL, USA David Ingram
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Posts: 3,906 Clermont, FL, USA | If I'm not mistaken 10 years ago the 'you can paddle the whole way if you want to' wasn't in the SI. That's my story and I'm sticking to it.
David Ingram F18 USA 242 http://www.solarwind.solar"Do or do not. There is no try." - Yoda "Excuses are the tools of the weak and incompetent" - Two sista's I overheard in the hall "You don't have to be a brain surgeon to be a complete idiot, but it helps"
| | | Re: PRO Liability... what is the extent?
[Re: David Ingram]
#164971 01/14/09 01:55 PM 01/14/09 01:55 PM |
Joined: Dec 2001 Posts: 5,590 Naples, FL waterbug_wpb
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Posts: 5,590 Naples, FL | jeeze has it been that long? You're old...
I think my first one was 2002?
Jay
| | | Re: PRO Liability... what is the extent?
[Re: David Ingram]
#164972 01/14/09 01:57 PM 01/14/09 01:57 PM |
Joined: Aug 2007 Posts: 3,969 brucat
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Posts: 3,969 | Mark,
A PRO doesn't WANT to get in this position, he is REQUIRED to once he volunteers for the job.
Have you raced on a course run by PU? What he wrote was indeed the standard, and he has expressed his concern numerous times at the lack of support in this area. Of course, he is a realist, and makes the most out of what is given, otherwise, you're right, many times there would be no races.
I disagree with your assessment of undercutting a skipper responsibility. It is the responsibility of the PRO and OA to provide the racing. It is the responsibility of the skipper to sail or not. If the PRO and OA cancel the racing, what has been undercut? The skipper can still go on the water (usually, sometimes the OA won't allow that).
"What happens if you loose a powerboat on the course... now you are below "your safety level"... are you to cancel racing for the day?"
That may very well be the case if the conditions warrant. This is a very serious issue, for all the reasons listed (lawyers, etc.). Not to mention, we're talking about people's LIVES here.
No one is talking about shifting the burden solely to the safety boats. The burden is shared with the competitors, and anyone else on the water for that matter.
Race management training reinforces the lessons that we all learn on the water. Sometimes, the best answer is to be extremely generous with redress.
Mike | | | Re: PRO Liability... what is the extent?
[Re: waterbug_wpb]
#164973 01/14/09 02:02 PM 01/14/09 02:02 PM |
Joined: Jun 2001 Posts: 3,906 Clermont, FL, USA David Ingram
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Posts: 3,906 Clermont, FL, USA | Yeah, but I have a boat, and you know what else... I sail it. It's been a while since you got a kick in nuts for not having a boat. See you Friday tough guy.
David Ingram F18 USA 242 http://www.solarwind.solar"Do or do not. There is no try." - Yoda "Excuses are the tools of the weak and incompetent" - Two sista's I overheard in the hall "You don't have to be a brain surgeon to be a complete idiot, but it helps"
| | | Re: PRO Liability... what is the extent?
[Re: David Ingram]
#164975 01/14/09 02:07 PM 01/14/09 02:07 PM |
Joined: Dec 2001 Posts: 5,590 Naples, FL waterbug_wpb
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Posts: 5,590 Naples, FL | Should be fun...  I got a carbon reinforced cup for Christmas
Jay
| | | Re: PRO Liability... what is the extent?
[Re: brucat]
#164976 01/14/09 02:24 PM 01/14/09 02:24 PM |
Joined: Jun 2001 Posts: 3,116 Annapolis, MD Mark Schneider OP
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Posts: 3,116 Annapolis, MD | Yes, PU does have a bottom line. He refused to follow the OA's direction to run the Miami OCR races in the ocean. He told the idiot Gary Bodie that with one cruising cat and three 18 to 22 foot solid powerboats for 32 Tornado's that he was not going out to the ocean. Quite a fight between the two. Even so... he was far below his published standards for a cat race at the bottom of Key Biscayne 8 miles from the launch for 32 boats.
I think we will just disagree on this one.
I think a bright line standard is far better for sailboat racing then the moral and legal calculus that you must manage.
I have two bright line Rules.
Rule 1 The RC and mark boats are there to to run races for the regatta. If it's not safe for them to be out there... sorry no more racing. Do not factor them into your personal decision to race or not.
Rule 2 Saftey is everyone's concern.
"Rule 1.1 A boat or competitor shall give all possible help to any person or vessel in danger."
no standards to get screwed over on, no numbers of safety boats to racing boats to meet, no tough choices for the PRO to make.
As the skipper... I have no doubt who makes the call 100 percent of the time.
crac.sailregattas.com
| | | Re: PRO Liability... what is the extent?
[Re: mbounds]
#164990 01/14/09 04:26 PM 01/14/09 04:26 PM |
Joined: Jun 2001 Posts: 3,116 Annapolis, MD Mark Schneider OP
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Posts: 3,116 Annapolis, MD | Matt Do any other dinghy classes have such guidelines? I don't know of any. I know the A class and Tornado's don't have such guidelines.
While it's great that you get the requisite number of mark boats for NA's... the safety standards can be no less for a weekend regatta.
Don't your guidelines create a defacto safety standard that would be used to demonstrate that the local regatta safety is sub standard?
crac.sailregattas.com
| | | Re: PRO Liability... what is the extent?
[Re: mbounds]
#164995 01/14/09 05:24 PM 01/14/09 05:24 PM |
Joined: Aug 2007 Posts: 3,969 brucat
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Posts: 3,969 | I must say a big "THIS" to what Mike's posted. The decision to race / not race falls upon the PRO and their experience and common sense. That's why the best PROs are racers. They have the judgement to know when enough is enough. Hi Matt, Not sure if you're thinking that I didn't say that somewhere in these piles of posts. I definitely meant all of that. Yes, the PRO sets up races or not. No, no one is forced to race. It is the decision of the sailors alone as to go out (and to know when to come in). At every event that I run with an iffy forecast or light support boats, at the skippers meeting I make no secrets. I basically say this at the skippers meeting: "This is the forecast... These are the support boats... We will reward very generous redress to boats that assist one another. If you don't think you can handle it, please don't go out. If you do go out and find out that you were wrong, please come back in." I think there are people on this forum that feel that if a PRO runs races, some folks would feel pressured into racing that probably shouldn't. This becomes a gray area of influence that the PRO can have on the event. Not saying it's a liability issue, but I'm not a lawyer. I would also like to thank everyone for not suing me after the lightning incident last year. Two PDAs on the water, a laptop on the beach, nothing. Then BANG! as boats were finishing. Gotta love lakes. Priceless... Mike | | | Re: PRO Liability... what is the extent?
[Re: Mark Schneider]
#164996 01/14/09 05:24 PM 01/14/09 05:24 PM |
Joined: Jan 2004 Posts: 1,884 Detroit, MI mbounds
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Posts: 1,884 Detroit, MI | Matt Do any other dinghy classes have such guidelines? I don't know of any. I know the A class and Tornado's don't have such guidelines.
While it's great that you get the requisite number of mark boats for NA's... the safety standards can be no less for a weekend regatta.
Don't your guidelines create a defacto safety standard that would be used to demonstrate that the local regatta safety is sub standard? On your first question, I can't think of any OD classes offhand that are as attuned to race management and event coordination as are the Hobie Classes. A lot of classes have "Event Manuals" (the Tornado equivalent is Appendix C to their class rules). Whether they get down to the details of how many boats and what equipment they should be carrying like the HCA manual does - I don't know of any. (But then again, my knowledge is limited to the OD classes I've run - Melges 24, Ultimate 20, Thistles, Force 5, Tornados and a few others.) On you second question, it's a pretty low standard. If you have a weather mark boat, a pin / gate boat and a relatively mobile committee boat, then you're set for up to 34 boats - which would accomodate the vast majority of weekend regattas these days. Like I said - to a great extent it's up to the PRO to use his judgement on whether they feel they can handle the conditions with the resources they have at hand. If all your mark boats are tied up assisting boats in trouble, you're not running races anymore because you can't set/move marks. | | | Re: PRO Liability... what is the extent?
[Re: brucat]
#164999 01/14/09 06:04 PM 01/14/09 06:04 PM |
Joined: Nov 2003 Posts: 749 Santa Cruz, CA SurfCityRacing
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Posts: 749 Santa Cruz, CA | If someone even uttered the word 'sue' in regards to the PRO sending or not sending racers onto the water at any regatta that my chase boats, marks, comittee boat, anchors, rodes, GPS's, VHF's or any other Surf City gear was at. That **** would be on ebay the second I got home, and I would never sponsor or support another sailboat race again, ever.
Because just down the line from the PRO there's the mark boat guy that could be dragged into court, and the guy that owns the boat etc, etc, etc.
J
Last edited by SurfCityRacing; 01/14/09 06:06 PM.
| | | Re: PRO Liability... what is the extent?
[Re: mbounds]
#165000 01/14/09 06:20 PM 01/14/09 06:20 PM |
Joined: Jun 2001 Posts: 3,116 Annapolis, MD Mark Schneider OP
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Posts: 3,116 Annapolis, MD | If all your mark boats are tied up assisting boats in trouble, you're not running races anymore because you can't set/move marks. Ah yes... one more issue of PRO responsibility. When you have mark boats assisting sailors with their personal crisis.... the rest of fleet goes without. It is certainly a judgment call but it seems better to say the PRO and RC should not move one inch off the standard that they are to run races AND the standard of "Safety is everyone's concern". Having sat through a long delay at CRAM's catfight years ago while they assisted a boat to the beach. The question on the beach was.. What are the responsibilities of the RC here. Should they have towed the boat to the shore...(took an hour) take the crew on board and called SeaTow for the boat for him, anchored the boat and towed it in after the racing. Mike's comments about the message he delivers on the beach is key. He is managing expectations and thereby minimizing the upset. (If he says... you will be anchored until assistance to the beach is available.. you can't complain) So... if those power boats are MARK BOATS you get one message...(Oh... they are there to run the race) If you call them CRASH boats ... you have a different expectation. Call them Safety boats... quite another... Heck... you could expect that they have a trained safety person on the boat able to dive and assist a trapped sailor (NOT Likely) I still think the Hobie class associations are out on a limb of their own making with the published guidelines and definitions (my view a STANDARD) .... and they are all by themselves out there (I think PU was much more assertive in the article that I read.)
crac.sailregattas.com
| | | Re: PRO Liability... what is the extent?
[Re: Mark Schneider]
#165003 01/14/09 06:44 PM 01/14/09 06:44 PM |
Joined: Aug 2007 Posts: 3,969 brucat
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Posts: 3,969 | Mark, I don't know what planet you're on with this last posting. I have been at an event where someone actually died, and another where someone was literally saved from drowning under a tramp (CPR was needed on the turtled hull).
If any idiot actually complained that stopping the racing to help one of our friends STAY ALIVE is unfair because they're not getting enough racing for their money, I would have a hard time forcing myself not to waste my time with the Rule 69 hearing just to drag him through the mud.
Is it the PRO's responsibility to protect everyone from everything? Of course not. But you can't fault me for being human at your expense, in the hopes of having our friends literally live to see another race.
Now, if it's just a case of hardware breakdown, I agree, if the people are safe, get the boat out of harm's way and try to free up a resource (or find an alternative) to drag them in when it's convenient.
If I don't have safety boats, I say that. I say "We have 3 mark boats, no safety boats."
US SAILING does expect us to employ risk assessment and safety plans. Safety boats most certainly need to have swimmers on them. First aid kits, evacuation routes (to meet an ambulance ashore), etc. are also expected.
You don't have to personally agree with this stuff for it to be expected by those we serve, or for it to be the right thing to do.
Mike | | | Re: PRO Liability... what is the extent?
[Re: mbounds]
#165013 01/14/09 08:30 PM 01/14/09 08:30 PM |
Joined: Apr 2008 Posts: 921 Alachua, FL Mugrace72
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Posts: 921 Alachua, FL | Jack - US Sailing forbids the types of waivers you posted. Rule 82 (a US Sailing prescription) does not allow Hold Harmless or Indemnification agreements as a condition of entry. Matt, I see that you are correct as usual. I am curious, however, as to why? I agree about the "speed bump" reference, but it does provide perceived protection, at the very least. It is intereseting that different sports have different methods to protect officials and participants.
Jack Woehrle Hobie Wave #100, Tiger Shark III HCA-NA 5022-1 USSailing 654799E Alachua FL/Put-In-Bay | | | Re: PRO Liability... what is the extent?
[Re: brucat]
#165015 01/14/09 09:14 PM 01/14/09 09:14 PM |
Joined: Jun 2001 Posts: 3,116 Annapolis, MD Mark Schneider OP
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Posts: 3,116 Annapolis, MD | Mark, I don't know what planet you're on with this last posting. I have been at an event where someone actually died, and another where someone was literally saved from drowning under a tramp (CPR was needed on the turtled hull).
If any idiot actually complained that stopping the racing to help one of our friends STAY ALIVE is unfair because they're not getting enough racing for their money, I would have a hard time forcing myself not to waste my time with the Rule 69 hearing just to drag him through the mud.
Is it the PRO's responsibility to protect everyone from everything? Of course not. But you can't fault me for being human at your expense, in the hopes of having our friends literally live to see another race. Yo Mike... I did not say or imply this. I said there are two principles... Safety first and the RC is there to run races. Of course if safety was an issue with a flipped boat the race goes out the window. We agree. The example I used was of an equipment failure and the RC sliding down that slippery slope and towing the guy to the beach. We agree! I assert that the distinctions between mark boats, safety boats and crash boats are not widely understood by the racers. The real problem is that expectations of the fleet are not aligned with what most RC's are able to do. Some people think that their entry fee comes with a rescue/tow service! aka they provide crash boats ... right! Remember the thread is about the limits of RC responsibility or the extent of their liability. You mentioned the idea that sailors on this board feel pressure to go racing when the PRO sends the fleet out... That as PRO, you are giving the good house keeping seal of approval. I agree with your assessment and agree it's a problem. It is a misunderstanding of the PRO liability/ responsibility and each skippers responsibility. When you say. "I say "We have 3 mark boats, no safety boats." I bet 90% of the fleet thinks the terms are interchangeable. I know the guys on mark boats at my local races are NOT going to meet your safety standard. "Safety boats most certainly need to have swimmers on them. First aid kits, evacuation routes (to meet an ambulance ashore), etc. are also expected." Again, the result is that people don't understand the PRO's liability/responsibility and fully understand their responsibility as skipper. I argue that the original standard that the RC runs races with Mark boats to manage the race best serves the racers by being very clear. If the mark boat goes to assist a flipped boat... he is part of the standard "Everyone is concerned about safety" The PRO is not running a crash boat service... the PRO is not running a safety boat service (unless you announce it). Using my point of view, you don't get yourself into a bind where you are down one boat and now must decide... Is it safe to continue. If we only have two boats... are we safe to go with 30 boats? I think it is relevant to note that NO OTHER CLASSES are setting out guidelines (standards in my view. You don't have to personally agree with this stuff for it to be expected by those we serve, or for it to be the right thing to do.
The point of this discussion is to be clear on what is expected.... all around. I take a conservative view of what the RC's responsibilities are... Yours is a bit more liberal. Take Care Mark
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