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SCUTTLEBUTT 1492 - January 8, 2004Powered by SAIC (www.saic.com), an employee-owned company. Scuttlebutt is adigest of major yacht racing news, commentary, opinions, features and dock talk . . . with a North American focus. Corrections, contributions, press releases, constructive criticism and contrasting viewpoints are always welcome, but save your bashing and personal attacks for elsewhere. MARITIME LAW I am an admiralty lawyer, and although I am a member of both the US Sailing Legal Committee and the Maritime Law Association, Recreational Boating Committee the opinions I now express are my own and not those of either committee. I will note that over the last several years this topic has been discussed in both committees. Generally speaking it is important to understand that the Inland Rules are applicable inside the line of demarcation and the Collision Regulations apply outside the line of demarcation. They have subtle differences and the US can and does change the Inland Rules. I have seen draft language to be added to Inland Rule #1 which would have excluded the racing yachts vis-à-vis one another (but not third party non racing boats) from the application of the Inland Rules. This of course would not have solved the problem when the Col Regs are applicable. The issue was mentioned to individuals at USCG but not pushed several years ago. There is a circuit split developing over whether racers may contract out of the application of the inland rules/col regs vis-à-vis one another. The contract is comprised of the Notice of Race, Sailing Instructions and Racing Rules. It is clear that with respect to non racing boats v. racing boats the inland/col regs continue to apply. It is true that many local laws incorporate the inland rules by reference and make violations a criminal misdemeanor. There is an argument that states may not legislate on this topic if the general maritime law has already spoken because the area is preempted. That argument is even stronger when you make it in a circuit which says you can contract out of the inland/col reg application between racing yachts. (By the way, in those circuits the protest hearing could be your only hearing on the merits to determine fault thereby binding your insurance company and/or your own wallet to its outcome.) While I was in the midst of discussions about this topic on both aforementioned committees, I was involved in a collision with a famous sailor who shall remain nameless since he was on port. We were both given criminal misdemeanor violations (what made this different than other collisions is that there was serious injury). The rumor intelligence was that this was the third time that any state prosecutor had attempted to push the issue when challenged. (One was in Florida and the other was in California but I understand in both cases the state refused to continue the prosecution.) I saw this as a perfect test case to actually get a written opinion from a court of law on the applicability of a state criminal statute where the federal law had clearly preempted the field. Unfortunately, Maryland prosecutors were unwilling to prosecute me (not surprising since I was on starboard). I even knew the prosecutors and begged them to prosecute but they said that it would be "a cold day in hell" before they prosecuted me under this statute. Unfortunately, it is still listed as "coming soon" on our website but we have written a short piece on this topic and our web guys will get it up soon. - Todd Lochner, www.boatinglaw.com SKIFF CHAMPIONSHIP Anthony Young's Computer Associates 18ft Skiff team reversed their earlier bad luck in the series to take out Heat Four of the Omega Smeg Giltinan International Championships on Sydney Harbour. Computer Associates grabbed a 1m21s victory over defending champion Howie Hamlin in West Marine. Avaya (Peter Morrison) finished a further 1m25s back in third place. Rob Greenhalgh finished fifth to improve his lead over Hugh Stodart who took 14th. Hamlin's second place finish leaves his West Marine team to eighth place with 31 points. Standings: 1. RMW Marine (Rob Greenhalgh) 9 points; 2. Asko Appliances (Hugh Stodart) 22; 3. Computer Associates (Anthony Young) 23; 4. Maytag (Tony Hannan) 23. http://18footers.com.au/ KEY WEST ADVANTAGE You can have the advantage at Key West by having your very own Raider RIB Tender for your use throughout the entire regatta. A Raider Cabin 900 (30 feet) with twin 225HP Honda's is available for charter. This Raider RIB (with driver provided) can give you the same advantages that the Grand Prix fleets have become accustomed to for years! Only one boat is available. Check out the Raider RIB Cabin 900 at the website or call 877-7RAIDER to reserve today. http://www.raiderboat.com THE BIG DAY The Australians did not name Darling Harbour especially to honour Ellen MacArthur, the solo sailor who earned her place in the UK's affections three years ago, but they should have. For here, MacArthur will launch her latest sailing project today. And in an adroit piece of marketing, Britain's best-known sailor simultaneously will open the London Boat Show via satellite link. The point scarcely needs to be made, but the world is MacArthur's backyard. Since coming second in the solo Vendee Globe race three years ago with Kingfisher, this diminutive dynamo has barely paused for breath. Her mileage at sea is fast closing on 200,000 and her new 75ft trimaran B & Q Castorama is the second major element in a three-pronged, long-term campaign. The aim is simple: to go further or faster than anyone else has managed sailing alone. The three key records MacArthur will be chasing over the next two years are the greatest distance sailed in 24 hours; the quickest west-east transatlantic sprint; and ultimately, the swiftest loop around the planet. * B & Q Castorama was designed by Briton Nigel Irens, built in Sydney and soon will head for New Zealand, where MacArthur will carry out speed trials and Southern Ocean rough-water testing. Then, just as she did with the 60ft monohull Kingfisher ahead of the 1999/2000 Vendee Globe, she will sail the boat back half way round the world, initially with a crew as far as Cape Horn, and then solo thereafter. - Excerpts from a major story by Tim Jeffery in the Daily Telegraph, full story: http://tinyurl.com/35fh8 NEWS BRIEFS * Melbourne, AUS - Defending champions, Szabolcs Majthenyi and Andras Domokos (HUN) have won the 55-boat Flying Dutchman Worlds when the final day's racing was abandoned due to excessive winds (40 knots at times). The series was scheduled for seven races, but a lack of wind or too much of it at times resulted in a six race series with one discard. Norman Rydge/ Richard Scarr (AUS) finished second, three points back with 18 points, while Hans-Peter Schwarz/ Peter van Koppen (GER), ranked No. 1 in the World, finished third with 21 points. www.sailmelbourne.com.au * Melbourne, AUS - Australian's swept the podium positions in the Yngling Worlds with Neville Wittey topping the 36-boat class with 39 points, seven points ahead of Nicky Bethwaite, who was the top female. Adrian Nash & Sean Edmiston took third place in the nine race (with one discard) championship. There were no North Americans racing in the event. http://www.yngling.org.au/resultsworld.htm * Checking in off Tasmania after 60 days on the water, Jean Luc Van den Heede's 84-foot aluminum VDH now has 15 and a half days' lead over the single-handed record for going round the world backwards (against the prevailing currents and winds) held by Philippe Monnet in 151 days 19 h 54'36'' since 9th June 2000. "A huge depression is heading towards me," revealed Jean-Luc. "I've therefore taken the decision to head up 3 degrees of latitude for the next two days to avoid hitting it head on." - http://www.vdh.fr/gb/ * The four finalists for Cruising World magazine's Overall Cruising Boat of the Year Award were the Beneteau 373, the Catalina 387, the Etap 37s, and the Hunter 41-range in price from $135,000 to $200,000 and in length from 37 feet to 41 feet. A common thread among these boats is that they each come from high-volume yards whose production efficiencies diminish the unit cost, adding value to each boat. The Belgian-built Etap 37s took top honors for its layout above and below deck, its attention to safety, and its sprightliness under way. To learn why it won the competition: http://tinyurl.com/2gqt7 * Sailors have less than two weeks to complete on-line registration for the 2004 Rolex Miami OCR, which this year moves to a Tuesday through Friday schedule - January 27-30. Online registration closes January 19, with on-site registration taking place January 26. The global importance of this event, the only International Sailing Federation (ISAF) grade-one ranking event in the U.S. for Olympic and Paralympic classes, is reflected in a traditionally high attendance by both U.S. and foreign Olympic hopefuls. Last year, 526 athletes represented 34 countries, with more than half of the 328 boats comprising the foreign entries. www.ussailing.org/Olympics/RolexMiamiOCR/ * We've just posted on the Scuttlebutt website some pretty amazing photos of the recently launched Mirabella V, which at 246 feet, is the world's biggest single masted yacht. It is also the biggest composite ship ever built, and will be used as a charter vessel, operating mainly in the Mediterranean and Caribbean when she enters service early in 2004. Charter costs will be some $250,000 a week. http://www.sailingscuttlebutt.com/photos/04/0107-MirabellaV/ * David Sebire has been appointed Chairman of Maiden Global Challenges (MGC), the recently formed company which manages Qatar 2006's sponsorship of Maiden 2. In addition, Pitch PR has been appointed as MGC's communications and marketing partner. This follows the appointment of Brian Thompson as racing skipper of Qatar 2006. Thompson, who was race skipper of Maiden 2 when it broke 5 world records during 2002, including the 24 hour speed record and the Round Britain and Ireland Record, has recently been invited to sail as watch-captain on board Steve Fossett's Cheyenne for their forthcoming Jules Verne record attempt. TEAM ULLMAN SPEED ADVANTAGE! For 30+ years Ullman Sails has progressively grown into one of today's premier sailmakers. With lofts established throughout the world and new lofts being added, Dave Ullman and a loyal team of talented and dedicated followers have put Ullman Sails at the forefront of the sailmaking community. By utilizing the latest in cloth and construction technologies, Ullman Sails has developed the fastest and most durable sails possible. From local club sailing to international competition, give yourself the Team Ullman Speed Advantage. For great service and competitive pricing, call your nearest Ullman Sails loft or visit us at http://www.ullmansails.com LETTERS TO THE CURMUDGEON (editor@sailingscuttlebutt.com) Letters selected for publication must include the writer's name and may be edited for clarity or space - 250 words max. This is not a chat room nor a bulletin board - you only get one letter per subject, so give it your best shot and don't whine if others disagree.) * From Olin J. Stephens: At age 95 I suppose I should keep quiet but reading certain letters in Scuttlebutt I can't quite do so. I feel, now, like saying how happy I am that I was most deeply involved in sailing before either the USCG or the ISAF took the proactive positions they seem to take today. I think it was more fun. * From Campbell Field (In response to Petty Officer Anne F. Jaeschkes comments): Please! Don't draw the analogy of wearing a seatbelt to PFD's. Some US states give the freedom of decision whether or not to wear a helmet to a speed freak on a 100Hp+ motorcycle! You see professional and 'smart' bikers wear helmets full time, and you see professional and educated amateur yachties wear safety devices when necessary (directed to by the skipper or their own personal judgment). PFD's can actually be dangerous, especially the self inflating type - those who know frequently disarm the auto feature - for safety! Not to say PFD's are not a good idea, but: 1) they can self inflate while on deck, sometimes necessitating getting your knife out, leaving the crew with one less jacket for emergencies and 2) in rough conditions can make the wearer over buoyant and more exposed to inhalation of spray and prevent them diving through large waves. A couple of rules: 1. Don't fall overboard, and if you do; 2. Make sure you are clipped on (by a quick release clip). The USCG, RNLI and all other coastal rescue teams are globally admired for their work, but please do not get out of touch with reality, and trust the judgment of your fellow educated yachtie. Don't slap broad draconian controls on us for the careless actions of inconsiderate and/or uneducated others. * From Tom Donlan (edited to our 250-word limit): Thanks to Petty Officer Jaeschke for making it clear that the Coast Guard's experience with stupid boaters has made some of its members bitter. But I won't accept the idea that bitterness justifies a federal law requiring everyone on the water to wear a life jacket at all times, the way the Coast Guard and Auxiliary crews do. Every time I see one of their vessels chugging along at modest speed on a pleasant summer day, with every man and woman fully life jacketed, I wonder what--or whether--they are thinking. Mindless adherence to a rule is no way to set an example for others to follow. She also made it clear that the Coast Guard thinks it's "responsible" for the entire U.S. coastline. Actually, it's responsible for guarding the coast against invaders and lawbreakers, while letting citizens go about their business undisturbed. If somebody goes out in a little boat in heavy weather, capsizes and drowns, that is not a failure of the Coast Guard's or the Coast Guard's responsibility. If somebody manages to import a ton of heroin or a dirty bomb by boat or ship, on the other hand, that may be deemed a Coast Guard failure. The thankless task of enforcing a lifejacket law would detract from the Coast Guard's real responsibilities. Or, what is more likely, having the law but failing to enforce it would detract from the public's respect for the Coast Guard. * From Mike Frerker: All due respect to Petty Officer Anne F. Jaeschke and the USCG (and she's right that the USCG is a fine organization). I always wear my seatbelt, but it torques me no end that there is a law in my state mandating me to do so. I wear a PFD when I see fit, but I don't want a law telling me what to do there either. And occasionally, I like to lick steak knives. * From Paul LaMarche: As an avid sailor and charter boat operator, could you imagine having to put on a lifejacket as you board the ferry from Seattle to Bainbridge Island or try to get a tourist to where a lifejacket on a harbor tour. The state of Washington studied drownings and passed legislation that requires those under 12 years of age in vessels 19' or less to wear a PFD. Now that seems reasonable. Can't these other agencies take the same approach. As all captains know, they are responsible for their crew and passengers. Good decisions will stop Big Brother from encroaching on our lives. * From Dean Cady: Morgan Stinemetz's Commentary on Sportsmanship in Butt No. 1491 got it right! To quote Morgan, "Without it, sailing as a competitive sport goes right in the dumper." 'Buttheads who support Morgan's "right-on" article published in the January 3, 2004, edition of the Sarasota Herald Tribune, and I have no doubts that all true buttheads do, have an opportunity to nationally recognize their favorite sailor who exemplifies good sportsmanship. It's easy. Just submit her or his name to US Sailing along with a descriptive summary explaining why that person is deserving of being named the US Sailing Sportsman of the Year. The entry deadline is January 14. For a nomination form: www.ussailing.org/Sportsmanship/ * From Tim Zimmermann: Maritime authorities and taxpaying publics have long been justifiably annoyed by adventurers who sail or row into dangerous waters and then call for expensive rescue services as soon as they get into trouble (to his credit, Richard Branson once offered to write the US Coast Guard a six-figure check after he and Steve Fossett were rescued following a balloon-ditching off Hawaii; the Coast Guard declined to accept it). So there are plenty of calls for bond requirements or insurance. That is one (expensive) way to go. There is an alternative, of course, which might be called the Blondie Hasler approach: don't rely on rescue services at all. Hasler, who launched the era of single-handed racing with the Observer Transatlantic Race (OSTAR) in 1960, believed that sailors who chose to take risks offshore should live with those risks and refuse to place rescue personnel in danger by calling for rescue when the going got bleak. In fact, Hasler argued that solo racers should not sail with SSB radios, so they wouldn't even be tempted to call for help. Now that's personal responsibility. * From Mike Walbolt (re rowing across oceans): A proper analogy is going to the mall on roller skates down the middle of the Interstate. Apples should be discussed with apples. Going offshore on a properly prepared boat is different from trying to achieve some superlative on something whimsical that has already failed. * From David Sprague: Rob Henderson said he had never sailed at a National or NA regatta where more than 10% of the competitors are female, I suggest that he get some experience in classes which do represent the world a bit better. The Lightning NA's have normally had over 30% female competitors, I have been involved in Hobie and 29'er Continental and World Championships where the number of women seemed along the same ratio. We live in a world where about 50% of the population are women. If we want to grow our share of sailors we better be inclusive not exclusive. * From Richard Collins: True statement re ColRegs in the Butte 1491. One important feature as I recall is the "inextremis rule" and "more than two vessels" in the vicinity: Each is burdened to keep clear. So a multi-boat mark rounding, crossings, etc, with collisions causing "damage", shame on the perpetrators. Useful to know if insurance is involved. CURMUDGEON'S COUNSEL Don't suffer from insanity; enjoy every minute of it. |
