Regulations: Section IV Regulation Table of Contents IV. Boating Incidents A. All members who use any boat shall be deemed to have consented to all Sailing Regulation as published herein, or from time to time in Between the Sheets, Byways, or other notice to members. B. Definitions. 1. An accident is defined as substantial damage or serious injury. a. Substantial damage is defined as equipment or boat damage that adversely affects the performance and/or safe operation of the boat. b. Serious injury is defined as any injury requiring any type of professional medical treatment, regardless of whether that person seeks treatment 2. An incident is defined as anything other than an accident that could affect safety. This specifically includes: a. Collision; defined as when a Sail Chicago boat strikes or impacts with another boat or object, regardless of damage. b. Contact; defined as when your boat touches another boat or object except touching or rubbing the mooring buoy or normal docking. c. Minor injury; defined as other than serious injury, but requiring treatment on the boat, dock, or shore. d. Capsize. e. Any sent distress signal, such as yelling, flags, flares, or radio ‘mayday’. f. Towing or being towed; for emergency or non-emergency reasons. g. Fall overboard. h. Any incident that could reasonably be understood to involve liability on the part of Sail Chicago, its instructors, volunteers, or members. 3. A violation is defined as: a. A citation or written warning issued by law enforcement officials. b. A violation of federal, state, or local laws. c. A violation of Sail Chicago Boat Use regulations or procedures. d. A violation of the Sail Chicago Personal Conduct Policy. 4. An interaction is defined as when a member interacts with a person during the shore or water operations of a boat, and where the member can reasonably assume that Sail Chicago management or administration should know of that interaction. Interactions could be with: a. Lifeguards or harbor management officials and employees. b. Federal, state, or local law enforcement officials. c. Other persons onboard, on other boats, swimming, or on shore. 5. Unless specifically stated in this section, the term skipper can mean the skipper of record, or the skipper at the helm. C. Notification and Reporting Requirements 1. The skipper(s) must obtain the following information after all accidents, collisions and contacts with other boats. a. Second boat name, registration number, and buoy number, if moored. b. Second boats owner information: name, address, and phone number. If the boat is owned by SC, obtain skipper info. c. For both boats when possible: the names, addresses, and phone numbers of all people aboard... d. For both boats: the contact locations and extent of damage, if any. 2. The skipper(s) must notify Sail Chicago administration: a. For any accident, the skipper of each Sail Chicago boat must immediately notify the Safety Director and Sail Chicago / Board Person, followed by a written report within three days. b. If damage has occurred, the skipper must immediately call the Maintenance Hotline, or the appropriate Motor Cruiser Maintenance Director. c. For any incident, violation, or interaction, the skipper of each boat involved must notify the Safety Director within 24 hours. 3. All Sail Chicago members aboard must discuss and concur on the circumstances of the accident / incident, the Skipper must then send a written report to the Safety Director if one or more Sail Chicago members do not concur, then he / she must send his / her own report to the Safety Director. a. The report must be sent in three (3) days, and must completely describe the occurrence. b. If the skipper at the helm is different than the skipper of record, then both must use the official Incident Report Form to report the occurrence. c. The Board of Directors can suspend the boat use privileges of skippers or members until these reporting requirements are fulfilled. d. All reports must be mailed to the Safety Director. 4. If the Safety Director is involved in the accident, incident, violation, or interaction, then the Sail Chicago Chairperson will perform all duties of the Safety Director for that occurrence. D. The Board of Directors may suspend the boat use privileges of anyone involved in an accident, incident, violation, or interaction, until it's recommended action and remedies are complied with. E. Investigation Process 1. The Safety Director will investigate and review all accidents, incidents, violations, and interactions. This investigation must be completed 14 days after notification of the occurrence, or the Sail Chicago Chairperson may take over the responsibilities of the Safety Director. 2. Notification is defined as a report or suspicion of an accident, incident, violation, or interaction, obtained from skippers, members, the Complaint Hotline, boat owners, police, or other parties. 3. Insurance requirements a. The Safety Director will immediately, upon notification of the occurrence, contact all non SC owners, skippers, and other people involved, to ascertain the condition of the people and boat(s)involved. b. The Safety Director will, within 48 hours after an occurrence notification and after consulting with the SC/Sail Chicago Chairperson, determine whether or not a report must be made to any insurance carrier. F. Determination of Findings and Recommended Actions 1. The Safety Director will, within 14 days after notification of an occurrence, submit a Determination of Findings and Recommended Actions report to the Board of Directors. This report will include: a. Description of the occurrence. b. Cause(s) of the occurrence. c. Operator(s) fault. d. Recommended actions. e. Other organizational recommendations. 2. Possible actions towards skipper(s) and/or member(s) can include: a. Requirement of the successful completion of a written or practical examination. b. Requirement of the completion of additional instruction. c. Requirement of the completion of additional service work, including repairing the damaged boat or additional maintenance. d. Assessment of fines and/or charges, including: i. Up to 20% of the cost of damage to any boat, equipment, or property. Instructors, checkout skippers, and students are exempt from fines and charges. ii. Charges and fees acquired during non-emergency sailing situations, such as non-emergency towing. Instructors are not exempt from these types of fees. e. Temporary suspension of boat use privileges and Answering Service account deactivation, with suspension removal contingent upon: i. Completion of required maintenance work. ii. Completion of required examination. iii. Completion of required instruction. iv. Payment of assessed fines or charges. v. Other reasonable action f. Prohibition of a member or guest from boat(s). g. Revocation of a Skipper Card and/or membership in Sail Chicago. h. Other reasonable action. 3. The Safety Director will consider the recommendations of the related program director(s) in making the Recommendation of Actions to the Board of Directors. G. Board of Directors Review of Findings and Actions 1. The Board of Directors will, within 14 days of receipt of the Determination of Findings and Recommended Actions report, hold a vote on approval of the report. The report must receive a majority of a quorum of the Board of Directors in order to become effective. 2. The Board of Directors may make modifications to the actions recommended prior to the vote. 3. If any members of the Board of Directors are involved in an accident, incident, violation, or interaction, then that member will not participate in any review or voting on that occurrence. H. The Safety Director will implement the Board of Directors' Determination of Actions. 1. This includes: a. Enforcing any actions towards skippers or members. b. Working with the owner of damaged property, towards the fair and expedient resolution of a settlement. 2. Failure to comply with the approved Actions is a violation of the Sailing Regulations, and will result in further actions. I. Appeals Process and Conflict Resolution 1. A conflict arising from the operation or enforcement of these Sailing Regulations will be resolved by the Board of Directors. 2. Anyone may state their position in writing and describe in detail the nature of the conflict and their desired outcome for the resolution of that conflict. The position statement will be given to the Safety Director and Board of Directors. 3. The Safety Director will within 14 days of receipt of a position statement regarding a conflict present his / her recommendations for resolution to the Board of Directors. The recommendations must receive a majority of a quorum of the Board of Directors in order to become effective. 4. The Board of Directors may make modifications to the recommendations prior to the vote. 5. If any members of the Board of Directors are involved in the underlying accident, incident, violation, or interaction, then that member will not participate in any review or voting on that conflict. J Rules for Reporting Accidents, Incidents, Violations and Interactions 1. All accidents and incidents that occur in open water outside the inner harbor are to be immediately reported to the Marin Police and within 24 hours to the Safety Director. 2. All accidents and incidents that occur within the Inner Harbor are to be reported to the Harbor Master and the safety Director within 24 hours. 3. Violations and interactions are to be reported to the Safety Director within 24 hours and it shall be the safety Director's discretion as to what (if any) further action or report may be necessary. 4. Written reports shall contain a complete description and diagram of the accident, incident, violation or interaction, including any pertinent weather conditions. 5. Except for returning to your assigned mooring, or in the event of emergency, there shall be no sailing among the moored boats in the harbor.