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  1. #511
    Join Date
    Mar 2007
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    Atlantic
    Posts
    20,468

    Default Re: The end of owner maintenance ...

    Quote Originally Posted by fisherman View Post
    I'm sorry, but i don't think many here have your rosy shade of spectacles.
    Shouldnt think many have had much engagement with the MCA and RYA over the past twenty five years either.

  2. #512
    Join Date
    Jul 2008
    Location
    East coast UK. Mostly. Sometimes the Philippines
    Posts
    9,393

    Default Re: The end of owner maintenance ...

    Quote Originally Posted by capnsensible View Post
    Shouldnt think many have had much engagement with the MCA and RYA over the past twenty five years either.
    I suspect that «*fisherman*» and I and some others probably have. There’s no reason for any British boat owner or crew of a boat under 13.7 metres Register length to have had any contact with the MCA. Let’s keep it that way.

  3. #513
    Join Date
    Mar 2007
    Location
    Atlantic
    Posts
    20,468

    Default Re: The end of owner maintenance ...

    Quote Originally Posted by Minn View Post
    I suspect that «*fisherman*» and I and some others probably have. There’s no reason for any British boat owner or crew of a boat under 13.7 metres Register length to have had any contact with the MCA. Let’s keep it that way.
    They are keeping it that way, there is just a bundle of people on here who refuse to admit it. But really, my opinion doesnt count. I asked if anyone had ever heard of a prosecution under an MGN or an insurance claim refused. The deafening silence on the subject brings me to deduce that there has never been one. And likely as not, never will be.

    The thread has given a clear insight into predjudice against a variety of things though, so good value.

  4. #514
    Join Date
    Jul 2008
    Location
    East coast UK. Mostly. Sometimes the Philippines
    Posts
    9,393

    Default Re: The end of owner maintenance ...

    Of course there won’t be a prosecution under an MGN; it’s a GUIDANCE note. Since English law includes the doctrine of privity of contract, nobody is going to hear of an insurance claim refused, although failure to comply with these MGNs might very well be used, as failure to comply with other MGNs has been, as prima facie evidence in rebutting a claim under section 39(v) of the Marine Insurance Act of 1906 ( knowingly sending a vessel to sea in an unseaworthy condition).
    Last edited by Minn; 19-07-19 at 13:52.

  5. #515
    Join Date
    Jun 2009
    Location
    From the Needles to the Nab, from Cowes to St Catherine's
    Posts
    4,785

    Default Re: The end of owner maintenance ...

    Or alternatively a breach of the any condition in the insurance policy to maintain the vessel in a seaworthy state
    Substance over style

  6. #516
    Join Date
    May 2012
    Location
    Second Coast, Ross-shire, overlooking Gruinard Bay.
    Posts
    7,221

    Default Re: The end of owner maintenance ...

    Quote Originally Posted by Little Grebe View Post
    Or alternatively a breach of the any condition in the insurance policy to maintain the vessel in a seaworthy state
    That's a rather scary thought. A failure of a component which results in an insurance claim may be a totally unknown/uninspected failure.
    e.g. a stern gland developing a leak while a boat is on a mooring for a few weeks. Damage to fabric or sinking may follow, and a claim submitted.

    It could be argued that the boat was unseaworthy?

    OK, a small chance of a gland failing to such an extent, but I use it as a possible example
    Kay Sarah Sarah
    57°51.42' N 5°29.44' W

  7. #517
    Join Date
    Nov 2010
    Location
    Solent
    Posts
    3,125

    Default Re: The end of owner maintenance ...

    Well done Minn. I hope they they actually give me a detailed response rather than the generic one I received. Putting aside if this guidance is enforceable, or not, or whom may chose to do what with it, I do wish it was better written and with fewer clearly unworkable ideas.

  8. #518
    Join Date
    Mar 2007
    Location
    Atlantic
    Posts
    20,468

    Default Re: The end of owner maintenance ...

    Quote Originally Posted by Minn View Post
    Of course there won’t be a prosecution under an MGN; it’s a GUIDANCE note.
    You mean like Ive been saying all along?? And posted explanatory links to?

    So, no anecdotal (not legal) stories about insurance claims either........

  9. #519
    Join Date
    May 2008
    Location
    Returned to South Coast from West Coast of Scotland.
    Posts
    1,773

    Default Re: The end of owner maintenance ...

    Quote Originally Posted by Robert Wilson View Post
    That's a rather scary thought. A failure of a component which results in an insurance claim may be a totally unknown/uninspected failure.
    e.g. a stern gland developing a leak while a boat is on a mooring for a few weeks. Damage to fabric or sinking may follow, and a claim submitted.

    It could be argued that the boat was unseaworthy?

    OK, a small chance of a gland failing to such an extent, but I use it as a possible example
    My experience is that Insurers will pay the claim for damage less the cost of the item that actually failed so I would not worry on that account. The scary thing to me is if you had an accident that caused injury or death the authorities would no doubt refer to the simplistic guidance from the MCA as if it was Gospel and proceed accordingly.

  10. #520
    Join Date
    Nov 2010
    Location
    Solent
    Posts
    3,125

    Default Re: The end of owner maintenance ...

    That is exactly the point I raised in my reply to their standard email they sent in response to my detailed response to the consultation. Fill text in this thread:

    http://www.ybw.com/forums/showthread...55#post6845055

    What I find most worrying is that the vague and ambiguous way on which the guidance notes are written in places, plus some highly specific yet either unworkable or down right silly ideas laid down in others.

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