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EastCoastIPA

Well Done BA On These Two Prosecutions

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40 minutes ago, JennyMorgan said:

The EDP article refers to a victim surcharge of only £66.00 which suggests to me that damage was only minimal, not that that I am in any way condoning what happened or anti-social speeding in general. 

Surely that's down to what they think he can afford, Peter?

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14 minutes ago, Hockham Admiral said:

Surely that's down to what they think he can afford, Peter?

Yes and I think it is also related to the level of the fine it is not compensation for the damage caused.

Fred

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Just to clarify in the case of a fine it is set at 10% of the fine with a maximum of £170 and no court discretion so he should probably have been charged £110 for the two fines.

Fred

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1 hour ago, Hockham Admiral said:

Surely that's down to what they think he can afford, Peter?

The size of the over all fine suggests that they thought him quite flush! Actually I don't have a clue how such surcharges are calculated, just assumed that they related to actuality plus stress inflicted.

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JM

The surcharge is on a sliding scale according to the type of penalty, fine or custodial sentence etc passed even speeding fines if taken to court it goes into a central pot to provide for victims of serious crime it has no relevance to the offence committed.

Fred

 

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Thanks, Fred, that's that one cleared up. What happens if the offender appeals and wins, does that mean that any percentage based surcharge has to be repaid? Or am I just being awquad? 

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I picked up and posted on this subject on faceache a few days back, so will post a simmilar answer here.  While i don`t condone speeding on the Broads, i, like all of you here, live in the real world, and have no doubt done the same ourselves, though admittedly nowhere near planing speeds, and repeated offenders only have themselves to blame. However, we have to question the morality of the BA when they heavily fine two private boat owners, even though one of them WAS`NT actually breaking ANY laws.  A few weeks back, Broom Boats proudly posted a video clip on faceache, of one of their new boats undergoing performance trials  at high speed somewhere on the upper Yare, causing a huge wash, yet NOTHING has been heard from the BA.  Yet again, it seems that big business seems to get away with breaking the rules, the average man in the street yet again faces the full force of the law. As i said, we have to question the morality of the corrupt BA, in their inactivity to act on big business. Could it be because big businesses have better lawyers?.

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29 minutes ago, SPEEDTRIPLE said:

I picked up and posted on this subject on faceache a few days back, so will post a simmilar answer here.  While i don`t condone speeding on the Broads, i, like all of you here, live in the real world, and have no doubt done the same ourselves, though admittedly nowhere near planing speeds, and repeated offenders only have themselves to blame. However, we have to question the morality of the BA when they heavily fine two private boat owners, even though one of them WAS`NT actually breaking ANY laws.  A few weeks back, Broom Boats proudly posted a video clip on faceache, of one of their new boats undergoing performance trials  at high speed somewhere on the upper Yare, causing a huge wash, yet NOTHING has been heard from the BA.  Yet again, it seems that big business seems to get away with breaking the rules, the average man in the street yet again faces the full force of the law. As i said, we have to question the morality of the corrupt BA, in their inactivity to act on big business. Could it be because big businesses have better lawyers?.

Seriously he wasn't breaking any rules on braydon ? , OK then if he'd caused you distress and damage ( and that includes item within the boat damaged ) then would you see it the same way ? , the rules say you can go as fast as you like on braydon BUT you must show duty of care to others present , and clearly that did not happen .

I don't blam BA once it goes to court it is penalty wise out of their hands , BA don't dictate fines or anything else in court so how can BA  blamed , as for brooms that's for BA to have a look at if they have an issue , I know full well that boat would no doubt slow down had I been coming the other way , , thing is if that had been an engine test nothing would have been said and the same amount of wash produced and I'm getting sick of saying this bit for those of use on the rivers every day I see far worse from much smaller vessels day in and day out and before anyone asks yes they get reported ! .

Now I realise I have quoted you speed triple but my comment's aren't outlined at one particular person really but just the way I see it having had experience of one of the speeders , and testing in the area below brundall , and also fast boats on braydon , oh and all those who never seam to get convicted regardless of being reported . 

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Brooms were not breaking any laws.

If you suggest a case of double standards then I might agree with you. 

The court found the two offenders guilty & fined them accordingly.

What, if any, rules did Brooms break?

Can we be sure that the Breydon offender wasn't committing an offence?

 

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Having experienced a very uncomfortable incident on Breydon, I am glad this prosecution has taken place. If I hadn’t caught our television as it slid from it’s usual secure location, it would probably have landed on one of our dogs. All due to a guy going as fast as he could backwards and forwards across Breydon without any thought for other boats. I reported the boat to the BA and was asked if I would be prepared to go to court. I said I hoped it wouldn’t come to that and it didn’t but I would have gone if necessary. You have to drive a car with due care and attention, why not a boat as well?

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Simply said and totally right view Vanessan, if all acted in that manner, incidents would not have happened!!

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What seems to be forgotten or ignored by some is that Breydon water is just another section of River the Yare albeit with extensive mud flats that flood at certain periods of the tide, would you cross Barton Broad at 20 to 30 mph, ignorance and arrogance are no excuse just one of the unacceptable elements of modern society where disregard for anyone else is becoming more and more prevalent.

Fred

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Fred, I really don't want to lock horns with you over this one but for accuracy there is one small technicality that separates Barton from Breydon, that of relevant speedlimits. One has one, the other doesn't. 

That aside I wholly endorse your sentiment.

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Perfectly true JM another slight difference is that Barton Broad has far more navigable water outside the main channel without the risk of running aground.

Fred

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Whenever we cross Breydon we are dependent on conditions that vary from a mill pond to near open sea conditions. Surely we should be able to cope with a bit of wash and a few waves, both of which can add to the experience!  As things are I do see the Authority as taking a pragmatic approach to this one, anti social speeding is just not acceptable and nor should it be. If those that can speed refuse to accept that simple mantra then I can see a speedlimit being introduced which I would see as being regrettable.

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3 minutes ago, JennyMorgan said:

Whenever we cross Breydon we are dependent on conditions that vary from a mill pond to near open sea conditions. Surely we should be able to cope with a bit of wash and a few waves, both of which can add to the experience!  As things are I do see the Authority as taking a pragmatic approach to this one, anti social speeding is just not acceptable and nor should it be. If those that can speed refuse to accept that simple mantra then I can see a speedlimit being introduced which I would see as being regrettable.

I admit that given what I believe are the right conditions (i.e. no other boats on Breydon) that I sometimes "blast a bit", however I also look at the mud flats especially just after high tide as I have seen people wading doing something in the mud?, anyway I'm sure they would not appreciate my wake filling their wellies so I slow down for them also.

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Surely we should be able to cope with a bit of wash and a few waves, both of which can add to the experience! 


I can be hired for that

I think your point about a speed limit on Breydon being a bad thing is absolutely right. That would impact on more than one business significantly.


Sent from my iPhone using Tapatalk

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20 minutes ago, JennyMorgan said:

Whenever we cross Breydon we are dependent on conditions that vary from a mill pond to near open sea conditions. Surely we should be able to cope with a bit of wash and a few waves, both of which can add to the experience!  As things are I do see the Authority as taking a pragmatic approach to this one, anti social speeding is just not acceptable and nor should it be. If those that can speed refuse to accept that simple mantra then I can see a speedlimit being introduced which I would see as being regrettable.

Sadly times and attitudes have changed since I first came on the Broads as a kid in the sixties, hire boats were a little faster than they are now and we would often end up with a number of boats on Breydon playing in each other's wake and pretend that we were really at sea, sometimes you could get spray over the bow and that was wow!!

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12 minutes ago, Philosophical said:

I admit that given what I believe are the right conditions (i.e. no other boats on Breydon) that I sometimes "blast a bit", however I also look at the mud flats especially just after high tide as I have seen people wading doing something in the mud?, anyway I'm sure they would not appreciate my wake filling their wellies so I slow down for them also.

That something probably being digging for rag-worm, a bait for sea-anglers.

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Just now, JennyMorgan said:

That something probably being digging for rag-worm, a bait for sea-anglers.

Thanks I've often wondered what they are doing.

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3 minutes ago, Philosophical said:

Sadly times and attitudes have changed since I first came on the Broads as a kid in the sixties, hire boats were a little faster than they are now and we would often end up with a number of boats on Breydon playing in each other's wake and pretend that we were really at sea, sometimes you could get spray over the bow and that was wow!!

Very true, I've even had a circling boat call out and ask if we were enjoying the buffeting that he gave us! Well, actually, no!

In truth we often turn into the wake of a speeding boat, not just for 'fun' but also comfort. 

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Wash on braydon can be beneficial too , BA summoned an ocean 37 to assist them with some Muppet that had got his boat in the mud , the idea was to create a wave to break the suction on the hull , in the end Ely's finest popped back up just in time .

How do I know so much about this story ? Sorry that's classified under the idiot files :default_dunce:

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5 minutes ago, Ricardo said:

Wash on braydon can be beneficial too , BA summoned an ocean 37 to assist them with some Muppet that had got his boat in the mud , the idea was to create a wave to break the suction on the hull , in the end Ely's finest popped back up just in time .

How do I know so much about this story ? Sorry that's classified under the idiot files :default_dunce:

I don't think an ocean 37 will "properly plane" so the wash would be enough to break the suction.

On the plane a Don Shead or Bernard Olesinski hull does not make that much wash. 

 

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