Boat incident in new cal

A little update of the collision that happened last august to my friend Tiffany.

Was in trial this morning, DA asked for a 7000$ fine, 8 months jail (on "probation" (?) like if he's sentenced he doesn't have to do the time, but it stays on his record and if he's convicted again he'll have to go to jail) and 5 years of boat licence suspension.
Charged with hit and run, injury, and non assisting a person in danger.

Verdict on the 24/03

Naughty mark !!

thanks JN !

Select to expand quote

seanhogan said..
Naughty mark !!

Sorry I meant the stills of the collision so we can recall the circumstances that led to the judgement so we may all be fully informed as to negligence issues arising from...

oh as if anyone believes me...

for those that took French at school
(and the odd froggie on the forum)

actually the "pu.." word was used by the guy on the boat just after he hit her
:-)

like you said, those froggies....

weren't you reposting some photos?

Select to expand quote

Sputnik11 said..

weren't you reposting some photos?

Select to expand quote

LeStef said..

seanhogan said..
for those that took French at school
(and the odd froggie on the forum)

At the end of the article, it says that there were "no rules of priorities for windsurfers" (for the defence lawyer).

What are the rules here in Australia or in the world ?

Between windsurfers is the starboard side, but I thought any sailing vessels would have priority over a motorboat (except maybe in a specific channel) ??

I just make sure I avoid them although I suppose you can't avoid a d...head out to get you

The rules for Australia, and all other countries which are members of the International Convention (which I would expect includes New Caledonia through France's membership) is in the COLREGShttp://www.mar.ist.utl.pt/mventura/Projecto-Navios-I/IMO-Conventions%20(copies)/COLREG-1972.pdf
If you're interested, start at about page 14. "Vessel includes every description of watercraft", so windsurfers clearly fall within this.

I would be very surprised if the defence lawyer was correct in saying that "no rules of priorities for windsurfers" applied in New Caledonia- the COLREGS apply pretty much everywhere.

The rules are complicated, and have exceptions. To read the international rules of the road you will be able to google them. These are the basis of all maritime rules of the road, but local rules often apply in addition to these (think the yellow flashing lights on the ferries in Sydney where the Maritime has given them a right of way.) Just a quick summary anyway.

Rule 18
(b) A sailing vessel underway shall keep out of the way of:

(i) a vessel not under command; (broken down, aground etc)
(ii) a vessel restricted in her ability to manoeuvre; (Ship's in channels and pretty much harbours full stop and the approaches to harbours. Ships have an abort point between 1 and 2 nautical miles when entering a channel or harbourfrom sea, barges towing or pushing or any other vessel showing a ball, diamond, ball or at night lights red white red.)
(iii) a vessel engaged in fishing.

Not mentioned specifically but somewhere else that I can't remember you also have to give way to paddlers of any kind.

A yacht that has her sails up but is operating her engine is a power driven vessel for the purpose of the rules.

The exceptions are Rules 9, 10 and 13.

Rule 9 is narrow channels, basically you can't impede a larger vessel which one should be able to recognise can only safely navigate in a particular channel or fairway.

Rule 10 is traffic separation schemes. There are a few of these around Australia but more related to shipping.

Rule 13 is overtaking. Basically if you are doing 25 knots on your windsurfer and Joe Blow is doing 12 knots in his power boat and you are merging together is the windsurfer is the give way vessel. However the power boat should hold his course and speed. (Overtaking is defined as approaching from more 22.5 degrees aft of the beam.)

Rule 17 is important also in my view in that just because you have right of way doesn't mean that you should hold your course and speed if it "becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in compliance with these Rules". So you give them a chance to give way first then take action second. The way to do this to protect yourself legally in this situation in most cases is to reduce your speed.

I actually think that the guy who was sentenced should have obtain a minimum qualification level (say a coxswains certificate) before he is able to drive a boat again as common sense and judgement is not something that comes naturally to him.

Hope this helps sorry it is quite complicated don't really understand this "no rules or priorities as a windsurfer is a sailing vessel", sometimes the lawyers struggle to understand all the rules themselves as they are so many exceptions, but can't read French or speak it unfortunately. Where did you read that Sue?

Sounded like an offbeat comment anyway. To my mind it doesn't matter what is said but the verdict and he wasn't acquitted!