Safety Bay Sailing & Kites

> 10 years ago
Reply
Register to post, see what you've read, and subscribe to topics.
fish
fish
WA
155 posts
WA, 155 posts
29 Dec 2005 12:17pm
hey jjd
yeah that was us
looks like you where having fun
as i said im more than happy to help
see you out there again
den
den
WA
27 posts
den den
WA, 27 posts
29 Dec 2005 3:45pm
So jjd, are you a lawyer?

Not only did I say twice that I wasn't a lawyer but I also advertised my emotional response.

A definition of a soapbox follows -
"The term is also used metaphorically to describe a person engaging in often flamboyant impromptu or nonofficial public speaking..."

I have no idea as to the actual circumstances but if I was sailing along and a kiter/wave jumper landed on me and I was injured to the extent that I needed hospitalisation I would be picking up the phone.



jjd
jjd
WA
705 posts
jjd jjd
WA, 705 posts
29 Dec 2005 4:25pm
(Sigh, why am I responding .... ?)

Yes Den,

if some clown negligently jumped upwind and injured me I'd be pissed off too.

And yes, if put in hospital and had to incur medical expenses, and lost time from work I would contemplate suing for civil damages.

However, there would be no point in going to the police as there is no criminal act.

And yes, it is probably fair that if the guy jumped upwind without looking and without concern for others that you get on your soapbox.

And yes, you do say "depending on the facts", but you appear to have assumed the worse set of facts. Have a look at some of the previous posts:

KNM: "very sad to hear about nils. hope he recovers soon. i am a local kiter and know the kiter involved. he is very sad and shaken by what has happened. he respects others on the water and is an experienced kiter. lets just remember the accident could of occured between a windsurfer and a windsurfer or a kiter and a kiter. no one wants this kind of accident to happen and all kiters wish for a speedy recovery for nils. lets respect others on the water and be aware of other water users around us. i hope kiters log on to your website so as to hear the views of both windsurfers and kiters. i understand your concerns but this was an accident and something we all need to learn from so as to stop this ever happening again. either party could have been hurt"

(Responding because stuck at work and bored whilst everyone else is on hols)
mkseven
mkseven
QLD
2315 posts
QLD, 2315 posts
29 Dec 2005 8:39pm
quote:
Originally posted by den

I am so sick of selfish irresponsible pricks putting these fantastic sports at risk. I am at the point of lobbying the appropriate people to institute licensing for Kiters and Windsurfers.

IANAL

...gets on huge soap box...

The rules of the water are readily available and well tested in the courts. One of the rules concerns control of your vessel. To paraphrase, you must be in control of your vessel at all times. Once your vessel leaves the water you effectively lose full control and you had better be sure you don't hit anybody. So kiters and wave jumpers, it is YOUR RESPONSIBILTY not to land on anyone.

Depending on the FACTS I would suggest the wronged contact the police and a solicitor. Based purely on what I have read I see Negligence causing Grievous Bodily Harm. If that were the case then it would be a CRIME with all the repercussions.

...gets off soapbox...

Can you tell I am eff-ing angry?

Once again, I am not a lawyer.

Get well Niels.






The only problem with the laws is they are outdated to some extent in the case of kites. Giving way did not account for 40 foot of kite lines downwind, or for similar safety sake not to sail downwind of kites due to similar accidents that have just happened.

All the time kites try to out point sailboarders, some counter this by aiming straight at the kiter-
we shouldnt have to do this.

By all means standard starboard rules should apply, but I believe an amendment should be applied that kites should head downwind to avoid any craft (or person since I see similar problems when recovering kites). I know kites seek flat water but it'd be a hell of a lot easier if kiting areas were generally downwind of sailing areas- I know it is hard at wello cause you won't be seen posing to all the scenery but you can jump and screw around at your hearts content and not worry about anything much downwind of you.

All that said it has been pretty good sailing at wello lately with the kites, some are pushing the council laws a bit and also landing kites in stupid spots but sailing has been ok. It is still a little daunting going 32 knots down the bank and coming up to the flatest water and 10 kites crossing your path at 15knots though.
Combs
Combs
WA
152 posts
WA, 152 posts
29 Dec 2005 6:48pm
I am one of the old fashioned types who likes to know the full story from both angles before I get too excited. I was down at Safety Bay today (don't know why I bothered - the forcast was good - but the actual was lousy). The kites were on the other side of the point and the windsurfers were on the pond. One kiter did come through the pond later in the day, but he was well downwind of the windsurfers.
Windgat
Windgat
WA
12 posts
WA, 12 posts
29 Dec 2005 7:32pm
The irony is that this happened at “Safety Bay”. The fact that the place is “safe” has made it unsafe. I battle to understand why people flock to such congested areas when we have so many options. It appears that the perceived dangers of sailing/kiting alone or with a couple of others are far less than the real dangers of mixing it with insecure heroes who overstay their welcome in beginner spots.
earlydazer
earlydazer
31 posts
31 posts
31 Dec 2005 6:35am
i think you will see kiters feel as bad about this as you do www.seabreeze.com.au/forums/topic.asp?TOPIC_ID=12994
ran
ran
VIC
333 posts
ran ran
VIC, 333 posts
3 Jan 2006 4:54pm
quote:
Originally posted by eyespy

I spy with my little eye the banning of kite surfing.I think Safety Bay windsurfers should write a formal letters accurately detailing the incident and how dangerous you believe the kite surfers to be and send copies to the local ranger, Safety Bay council,local member of parliment for that area and any other officials you can think of. The more incidents that are officially reported the sooner kiters will be restricted to certain areas. The more individuals that can actually be bothered and motivated to put pen to paper the sooner the change!



ok i windsurfed for around ten years and now kite for the last year, i remember when windsurfing was talked about like kite surfing is now, should be banned, restricted etc, surfers hated us, now that kitesurfing has come along the windurfers have taken the role that the surfers once had, eyespy, if kitesurfing is banned believe me so will windsurfing, you cannot blame all the evils on kitesurfing, ahh mate restricting kite surfers to certain areas, maybe windsurfers should be the ones restricted, oh maybe we need a part for swimmers, another for fishermen etc, lets learn to get along, teach those that need education, **** does happen, and unfortunatly it did here, lets hope everyone learns from this.
mike
mike
WA
75 posts
WA, 75 posts
3 Jan 2006 2:16pm
Fish, your really contradicting yourself these days.

So, it's OK for kites/ windsurfers to use the same stretch of beach, but not surfer's????
lauriew
lauriew
WA
53 posts
WA, 53 posts
3 Jan 2006 5:38pm
Correct me if I am wrong, as I may well be, but didn't Nils run into a surfer and put him in hospital during a very similar surfer vs windsurfer agro period in the late eighties early nineties. I know that someone hit a surfer in the head causing at least a broken jaw and a lot of hostilities between the 2 groups. I also remember that the name was an unusual European one. Has anyone else been in this game long enough to remember.

Lauriew
Coral Sea
Coral Sea
QLD
476 posts
QLD, 476 posts
3 Jan 2006 10:59pm
good call
WA66
WA66
WA
138 posts
WA, 138 posts
3 Jan 2006 10:19pm
How many people on here have had an accident close call on the water with a kite/windsurfer/surfer, No matter what they were riding?
Now hands up who will admit to being in the wrong, ie they were trying to outpoint someone else while on a port tack, overtaking someone downwind just before they were gonna gybe in a spot where you know they had to etc etc
We've all done it or been on the receiving end of it if we've had a few years on the water, maybe we got off lightly and hopefully now we're wiser !
The 2 'experienced' victims in the kite vs windsurfer altercation should have known better...
So surely there's a lesson to be learned, it's not a case of kites vs windsurfers, we are blessed with vasts areas of ocean to all share, it's more a case of use some common sense, if you don't you may be next.
Please Register, or first...
Topics Subscribe Reply