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Re: The Unspoken PFD Conundrum [Re: John Williams] #209219
04/22/10 01:05 PM
04/22/10 01:05 PM
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Posts: 5,525
pgp Offline
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So, has anyone called them? If the answer is no, send me a specific question and I'll be happy to pick up the phone.


Pete Pollard
Blade 702

'When you have a lot of things to do, it's best to get your nap out of the way first.

-- Have You Seen This? --
Re: The Unspoken PFD Conundrum [Re: Mugrace72] #209220
04/22/10 01:07 PM
04/22/10 01:07 PM

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andrewscott
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Originally Posted by Mugrace72

My friend and sometimes crew, Jerry Richards is the national sails rep for Gill products. He has expounded on many occaisions how difficult and expensive it is for a manufacturer to get the approval, and , as someone stated, if you change something, you need new test for approval. This is all on the mfgs nickel and that is very expensive. Unless there is hope of selling large numbers, it just isn't worth it. They sell plenty of the "bootleg" ECs and just let the sailors work it out.


Mike Krantz said the same thing last year about getting Zhic jackets certified.. insanely expensive and not viable

Re: The Unspoken PFD Conundrum [Re: arievd] #209222
04/22/10 01:11 PM
04/22/10 01:11 PM

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andrewscott
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Originally Posted by arievd
Originally Posted by andrewscott
Isn't there some rule that requires a throw able on board as well?



Would that be this subsection of the CG regulation?:

(b) No person may use a recreational vessel 16 feet or more in length unless one Type IV PFD is on board in addition to the total number of PFDs required in paragraph (a) of this section.



Yes i think so... how many people carry one of these?
anyone ever ticketed for not having a throw able on board as well?

Re: The Unspoken PFD Conundrum [Re: ] #209228
04/22/10 01:35 PM
04/22/10 01:35 PM
Joined: Apr 2008
Posts: 921
Alachua, FL
Mugrace72 Offline
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Quote

Yes i think so... how many people carry one of these?

anyone ever ticketed for not having a throw able on board as well?



Yes I did get a ticket once for not having a throwable device (cushion) while pulling a water skier with a Hobie 16 in Put-In-Bay harbor.

Since then you will always see one on my boat.

At Hobie regattas in the 70s, every 16 had a cushion and also a paddle, BTW!

Now I see a lot of cats at regattas without a cushion...so I guess no one is really looking.


Jack Woehrle
Hobie Wave #100, Tiger Shark III
HCA-NA 5022-1
USSailing 654799E
Alachua FL/Put-In-Bay
Re: The Unspoken PFD Conundrum [Re: ] #209232
04/22/10 01:39 PM
04/22/10 01:39 PM
Joined: Sep 2004
Posts: 2,584
+31NL
Tony_F18 Offline
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I have the smallest one possible, much more comfortable then a big one.
From what I know most catsailing incidents that resulted in death where from people getting stuck under the tramp.
It makes you wonder if a PFD with maximum flotation is something you want.
Anyway, European safety standards are quite strict so why not change the requirement to have either a CG or CE approved PFD?
Any idea why the approval process is so expensive? Its a PFD, how much could you possibly test?

Re: The Unspoken PFD Conundrum [Re: Tony_F18] #209235
04/22/10 01:58 PM
04/22/10 01:58 PM
Joined: Nov 2003
Posts: 749
Santa Cruz, CA
SurfCityRacing Offline
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Originally Posted by pgp

Has anyone called the CG and asked them if there is anything that can be done?


Use caution when posting the results of your call, Pete. You might get some answers that people don't like and you'll get the blame. grin

Re: The Unspoken PFD Conundrum [Re: John Williams] #209269
04/22/10 03:24 PM
04/22/10 03:24 PM
Joined: Aug 2001
Posts: 1,307
Asuncion, Paraguay
Luiz Offline
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Asuncion, Paraguay
John,

The Brazilian solution was simple: they had the coast guard equivalent ammend their rule so that, besides the locally aproved PFDs, CE or USCG approved PFDs are acceptable for use in Brazilian waters respecting the same limitations imposed by the approving authority.

Part of the reasoning to convince them was that foreign boats visiting a country must comply only with the safety rules of their country of origin, so foreign aproved PFDs (as well as even more important safety equipment) are already worn legally in many vessels. Why would it be ilegal in local vessels?

While this line of reasoning is valid for any country, it clearly isn't enough. I don't know what would work in the US, maybe globalization, perhaps reciprocity to EU regulations (if it is the case) or something else.

Last edited by Luiz; 04/22/10 05:27 PM.

Luiz
Re: The Unspoken PFD Conundrum [Re: Luiz] #209271
04/22/10 03:35 PM
04/22/10 03:35 PM
Joined: Oct 2005
Posts: 1,152
tampa, fl
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ksurfer2 Offline
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tampa, fl
Another question regarding this. If the insurance agency covering your club, regatta, or event new that you were not requiring USCG PFD's, do you think they would have anything to say?

Would the insurance company find a way out of payment of damages if a lawsuit comes about from an incident were USCG PFD were not required? This would leave the OA totally exposed.


If your havin girl problems i feel bad for you son
I got 99 problems but my beautiful wife ain't one
Re: The Unspoken PFD Conundrum [Re: Luiz] #209273
04/22/10 03:50 PM
04/22/10 03:50 PM
Joined: Aug 2007
Posts: 342
Indianapolis, IN - Midwest USA...
IndyWave Offline
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Unless things have changed in the years I have been out of the "standards" business, a big difference is that CE is a self-certification system, whereas the US has government testing. The CE publishes the mandatory specifications, but it's up to the manufacturer to determine on its own if it meets those standards. In the US, government testing agencies test each product to determine compliance, and providing all the required documentation is a major factor in the cost. Therefore if ANYTHING changes (ie: embroidered logo) it starts the process all over again.


What - Me Worry?


2006 Hobie Wave 7358
"Ish Kabibble"
Re: The Unspoken PFD Conundrum [Re: ksurfer2] #209274
04/22/10 03:50 PM
04/22/10 03:50 PM
Joined: Dec 2001
Posts: 5,590
Naples, FL
waterbug_wpb Offline
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Karl,

Pretty much any incident that occurrs while sailing will incur some liability on the part of the OA, because attornies are just that persistent. Too much/too little wind, storms during event, spin/non-spin sharing a course... even just being there are all reasons for the OA to be called out by enterprising attorneys with bills to pay for those cheezy TV ads (just "Axe Gary" or whodoIsuedotcom)

The PFD question becomes front and center in a number of wrongful death suits, so I suspect the USCG requirement will be the only way to have a chance at defending against such a strategy.

for-the-people

but, I guess I'm a bit partial being in the industry that I am

Last edited by waterbug_wpb; 04/22/10 03:51 PM. Reason: spelling

Jay

Re: The Unspoken PFD Conundrum [Re: Mugrace72] #209276
04/22/10 04:29 PM
04/22/10 04:29 PM

A
andrewscott
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andrewscott
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A



Originally Posted by Mugrace72
Quote

Yes i think so... how many people carry one of these?

anyone ever ticketed for not having a throw able on board as well?



Yes I did get a ticket once for not having a throwable device (cushion) while pulling a water skier with a Hobie 16 in Put-In-Bay harbor.

Since then you will always see one on my boat.

At Hobie regattas in the 70s, every 16 had a cushion and also a paddle, BTW!

Now I see a lot of cats at regattas without a cushion...so I guess no one is really looking.


Thanks for the response. I have never heard of anyone in my area ever getting a ticket. Nor have i ever seen a cat inspected.

PS I carry one on my front tramp, right under my cooler of rum (wouldn't want the cooler to sink in a flip) smile

Re: The Unspoken PFD Conundrum [Re: arievd] #209307
04/22/10 08:57 PM
04/22/10 08:57 PM
Joined: Feb 2005
Posts: 4,118
Northfield Mn
Karl_Brogger Offline
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Originally Posted by arievd
Originally Posted by andrewscott
Isn't there some rule that requires a throw able on board as well?



Would that be this subsection of the CG regulation?:

(b) No person may use a recreational vessel 16 feet or more in length unless one Type IV PFD is on board in addition to the total number of PFDs required in paragraph (a) of this section.


I always found this one kinda humerous. It makes sense in the possibility of having to "rescue" someone else, but if I'm singlehanded, who the hell is going to throw it to me? whistle I don't know if this is a state thing, or what, but the way its worded in the Minnesota handbook I'm required to carry a functioning fire extinguisher as well. I don't think any water patrol would write a ticket, or any judge would let it stick, but......

Re: The Unspoken PFD Conundrum [Re: Karl_Brogger] #209319
04/23/10 12:42 AM
04/23/10 12:42 AM
Joined: Dec 2003
Posts: 1,066
Wellington, FL-Singer Island, ...
cyberspeed Offline
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Don't you find it interesting that the agency making and enforcing the rule profits from the required tests.


craig van eaton
Supercat 20
TEAM CYBERSPEED
www.TeamCyberspeed.com
Endurance Series
www.SailSeries.com
Re: The Unspoken PFD Conundrum [Re: IndyWave] #209323
04/23/10 04:19 AM
04/23/10 04:19 AM
Joined: Jun 2001
Posts: 9,582
North-West Europe
Wouter Offline
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Quote

The CE publishes the mandatory specifications, but it's up to the manufacturer to determine on its own if it meets those standards.



I doubt that very much. it is true however that the manufactorer needs to perform the testing and paperwork or arrange to have it done, but final certification is still left to the associated authorities. You can can't just carry the CE mark without their audit of your results and approval.

The CE standards are in my opinion good enough for these bouyancy aids; they are up to the job. Note that lifevests are defined differently in the EU and our bouyancy aids do not satisfy the requirements for a lifevest. For example a lifevest needs to turn you on your back even when you are unconcious when you hit the water; the PFD's will not do that.

Wouter


Wouter Hijink
Formula 16 NED 243 (one-off; homebuild)
The Netherlands
Re: The Unspoken PFD Conundrum [Re: Wouter] #209325
04/23/10 06:37 AM
04/23/10 06:37 AM
Joined: Aug 2007
Posts: 342
Indianapolis, IN - Midwest USA...
IndyWave Offline
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Originally Posted by Wouter

I doubt that very much. it is true however that the manufactorer needs to perform the testing and paperwork or arrange to have it done, but final certification is still left to the associated authorities. You can can't just carry the CE mark without their audit of your results and approval.


You're right, the results are audited, but the testing is done by the manufacturer. By putting the CE mark on his product, he is certifying that it meets the specs. There are severe penalties for putting the mark on inadaquate products, but how he gets there is up to him.

But in the US, all the testing is done by the regulating agency. Documentation has to be provided on all materials and all maufacturing processes, even packaging. A big part of the testing is verification that the product EXACTLY matches the documentation, then that it EXACTLY meets all the performance specifications, including destructive testing. If the manufacturer changes thread suppliers, it is not the exact same product which received the approval, so it takes the full process on the new configuration. That's why the choices are so limited, and changes come so slowly.


What - Me Worry?


2006 Hobie Wave 7358
"Ish Kabibble"
Re: The Unspoken PFD Conundrum [Re: Karl_Brogger] #209332
04/23/10 08:01 AM
04/23/10 08:01 AM

A
andrewscott
Unregistered
andrewscott
Unregistered
A



Originally Posted by Karl_Brogger
Originally Posted by arievd
Originally Posted by andrewscott
Isn't there some rule that requires a throw able on board as well?



Would that be this subsection of the CG regulation?:

(b) No person may use a recreational vessel 16 feet or more in length unless one Type IV PFD is on board in addition to the total number of PFDs required in paragraph (a) of this section.


I always found this one kinda humerous. It makes sense in the possibility of having to "rescue" someone else, but if I'm singlehanded, who the hell is going to throw it to me? whistle I don't know if this is a state thing, or what, but the way its worded in the Minnesota handbook I'm required to carry a functioning fire extinguisher as well. I don't think any water patrol would write a ticket, or any judge would let it stick, but......

I don't know Karl, you were smokin' in the pics i saw on your new V-rocket

Re: The Unspoken PFD Conundrum [Re: ] #209370
04/23/10 10:52 AM
04/23/10 10:52 AM
Joined: Aug 2007
Posts: 3,969
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brucat Offline
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Posts: 3,969
Well, there are a lot of rules (including prescriptions and class rules) that can get you tossed for all sorts of reasons, and at higher levels of the sport (particularly qualifiers, international events and Olympics), you should almost expect to be protested if you do not follow them. For better or worse (depending on your perspective), it's all part of the game.

Now, in reading your posts John, I'm having difficulty understanding where in the prescription, or on the USSA PFD webpage, there was a clause that made the CE vest at that youth event legal enough to justify a warning and not a DSQ. Was there something else in the SIs that allowed the PC to issue a warning for this infraction? This was a US sailor on a US boat in US waters, right?

This is the sort of thing that could lead to an appeal at a minimum, up to everyone's new favorite buzzword, arbitration.

Please help me understand this a bit more in case I find myself on a PC for such a thing...

Mike

Re: The Unspoken PFD Conundrum [Re: brucat] #209374
04/23/10 11:10 AM
04/23/10 11:10 AM
Joined: Jun 2003
Posts: 712
mikekrantz Offline
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My question, why is US Sailing trying to enforce a USCG or local DNR regulation?

We might as well write into the SI's, no robbing, raping, and plundering during the course of the event and while we're at it, include all of the state/federal laws and regulations...

Re: The Unspoken PFD Conundrum [Re: mikekrantz] #209376
04/23/10 11:31 AM
04/23/10 11:31 AM

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MarkMT
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MarkMT
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M



Quote
one little girl said to another that if she was going to wear her CE-approved PFD, she would be protested

My question is what is it that clubs/parents/coaches are doing that leads little kids to think that winning is so important that a protest is the right way to address a concern like this? Even if the rule were justified on safety grounds, it's interesting that what she didn't do was go to the RC before the race and say "I'm concerned that some of the kids aren't going to be safe on the water".

Re: The Unspoken PFD Conundrum [Re: ] #209377
04/23/10 11:35 AM
04/23/10 11:35 AM
Joined: Sep 2002
Posts: 3,224
Roanoke Island ,N.C.
Team_Cat_Fever Offline
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What's being taught is:
Win at all costs, rather you can do it on your own merit or not.The AC just reaffirms this.
Unfortunately ,Corinthian spirit is becoming a thing of the past.


"I said, now, I said ,pay attention boy!"

The cure for anything is salt water - sweat, tears, or the sea
Isak Dinesen
If a man is to be obsessed by something.... I suppose a boat is as good as anything... perhaps a bit better than most.
E. B. White
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