Rules Clinic

Yet again I am indebted to Giles Passmore for producing a thought provoking  article in the Rules Clinic series.  This edition sees Giles take a slightly more questioning attitude to the right to sail and race and its obligations. [Editor].

The Right to Sail and Race and its Obligations

A recent discussion, outside of the club, centered on the right to enter a race, the premise being that if you had not paid all your dues to the event, your club or your class, you could not race or qualify for prizes.  Fair enough?  Yes.  But this set me onto a further thought process.  When you pay your entry at a race meeting, your club membership or whatever, what else are you agreeing to? You agree that you have taken out third party insurance to a minimum value of so much money.  The club or event organiser does not usually check your insurance certificate (although they may reserve that right) but you agree that you are insured and it is on this basis that you are allowed to take part in whatever sailing is taking place whether this is racing or casual sailing. So, no insurance, no entry fee, no sailing permitted.

We now come to the tricky bit. Do all members pay their subscriptions at the beginning of the season, in March, or at least before they bring their boat down to the club? If they do not, is the club then allowing sailors to use their facilities and the water with the possibility that they may be uninsured, as it is only by filling in the membership form that the club knows that members are insured? The constitution states that subscriptions are due on January 1^st and are to be paid by March 1^st.  (There are clubs that strictly enforce this and throw members out if subscriptions are not paid on time.)

If members paid their subscriptions in time there should be no reason why the Year Book should not be up to date and printed on time, and the Sailing Secretary have an easier job in allocating duties to an up to date member's list.  But it does not always happen.  If sailors – they are not members if they have not paid – come to sail without having paid their subscriptions, should they be allowed to sail?  It is not fair on those members who obey the club rules and pay on time. It is also the duty of the race officer to ensure that everything is correct (e.g. those sailing are insured) and how is the race officer to check membership and – more importantly – insurance if some members have not paid their dues in time. 

If we had a serious accident involving a personal injury / liability and a sailor without insurance was involved, where does the club stand? Where does the race officer stand?

Should a list of paid up members be left in the race office and only those whose names are on this list be allowed onto the water, whether to race or just sail? 

This is not really that harsh.  After all you can’t use a car without insurance, and if you are late with the insurance premiums and have a car accident you are not covered. You may be fined or go to jail as a result of not having insurance (accident or no accident).  Is our sport really that different?

So please, pay your subscriptions on time next year.

Giles Passmore

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