Members Guide

Association Constitution 2014

NAME

1/ The name of the association is the KILLINGTON SAILING ASSOCIATION

2/ The objects of the association are to encourage and facilitate sailing on Killington Reservoir and to avoid altering the character of the Reservoir. Due regard shall be had at all times to the primary purpose of the Reservoir, which is to supply water to the Lancaster Canal.

 MEMBERSHIP

3/ Membership is open to the owner of any sailing boat or sail board who has signed an application form showing his consent to the constitution and rules of the Association, and has paid his subscription, except that applicants wishing to use a boat that is larger than a dinghy must obtain agreement from the executive committee who may apply restriction if considered essential in the interest of other members.

In the case of boats, craft and canoes owned by organisations (such as commercial groups, scouts, schools, institutions etc.)

a) organisations must restrict the numbers present to those who are actively engaged in water activities.

b) There is no clause b)

c) organisations will be held entirely responsible for the activities of their members and that persons using craft are competent to do so.

CONTRACT BETWEEN KSA AND MEMBERS

Members (Day or full) are required to observe the guidelines published on the KSA website

Full members are given access to the clubhouse for their use and are asked to leave it in a clean and decent state on departure. Members (including sailing group members) are entitled to use all the sailing craft owned by the Association. These craft are insured for the personal use of members and group members and must not be used for any commercial purpose. The escort boat is insured by the Association and is available solely for the benefit of KSA members on Killington Lake. The escort boat may be driven only by drivers who have been authorised by the official appointed by the Association and whose names appear on the annual list of authorised drivers displayed in the clubhouse.

Members using the Association's craft are responsible for their care and maintenance while in the member's control.

Any damage to premises or craft should be reported as soon as possible using the online contacts on the KSA website.

Groups can only operate when as a group focussed on their activity.

4/ All members shall declare on their application forms whether or not they are competent to handle a sailing craft. Members who are newcomers to the sport must obtain assistance from experienced members in order to enable the former to handle their craft safely.

5/ The executive committee of the Association may refuse to accept new applications for membership or the renewal of membership by any member, but shall, if required, give its reasons therefore.

6/ The Association may elect as honorary members persons who have rendered notable service to the Association.

AGM

7/ The Association shall hold an Annual General Meeting on the first Thursday in February in each season for the purpose of

(a) receiving reports on the activities of the Association and its financial affairs,

(b) electing, so far as is appropriate, members of an executive committee, and

(c) considering and deciding any other matters, whether submitted by the executive committee or brought up with consent of the meeting, by any member of the Association present at the meeting. Any matter requiring a change in the rules or constitution must be formally submitted in writing at least one month before the AGM and must be included in the agenda for the AGM.

EXECUTIVE COMMITTEE

8/ An executive committee of nine members will be elected by the AGM. The committee shall manage the affairs of the Association. The members of the committee shall be elected to serve for such period or periods of time not exceeding three years as may be determined by the AGM.

WORKS

9/ Any private works, erections or moorings must be approved by the executive committee before being executed. The said committee will, whenever necessary, obtain the approval of the Canal and River Trust.

DISPUTES

10/ In the event of a dispute among members on matters within the purview of the Association, a decision of the executive committee shall be sought (see Rule 29).

OFFICERS

11/ The executive committee shall appoint a Chairman, an Hon. Secretary, an Hon. Treasurer, a representative for the interest of organisations and a representative for the interests of each constituent group from amongst its membership and shall appoint site and membership supervisors and such other officials as it may consider necessary or desirable. The membership element of the subscription shall be remitted for the Chairman, Hon. Secretary, Hon. Treasurer, Membership and Events (racing) supervisors

VOTING

12/ At any General Meeting of the Association, a member shall have one vote for each sailing craft for which he/she has paid a subscription in the season (1st March to subsequent 1st March) during which the meeting is held. In the case of an organisation, only one person may vote on its behalf and shall also have the same number of votes as sailing craft for which subscriptions have been paid during the current season. Voting in any committee shall be on the basis of one vote for each person. A chairman of any meeting shall have, in the event of an equality of votes a casting vote, whether or not he/she has voted on the same matter.

Quorum - Five members personally present shall form a quorum at a meeting of the Committee

ANNUAL SUBSCRIPTIONS

13/ The annual subscription covering the period 1st March to subsequent 1st March, for sailing craft and canoes shall be fixed by the executive committee of the Association. The reasons for the subscription levels shall be explained at the AGM and recommendations received for consideration by the Committee during the following season.

14/ a) Use of craft on Killington reservoir is restricted to those craft in respect of which the association subscriptions for the current season have been paid prior to such use, (requirement for the display of Killington Sailing Association Badge on craft removed 2013).

b) New members registering their craft for the first time and former members whose membership has lapsed shall pay an entrance fee in addition to the annual subscription. The fee shall be fixed annually by the Committee.

15/ (deleted 1989)

16/ Any refund of fees made by the Canal and River Trust may be held by the Association and deducted from the next following subscription due from the members.

LIABILITY FOR LOSS

17/ Neither the Association (which includes its executive committee) nor the CANAL AND RIVER TRUST shall be liable for any loss or damage to any craft or property on board thereof or for any personal injury (whether fatal or otherwise) whether or not such loss, damage or injury is caused or contributed to by the negligence of the Association, its executive committee, or the Canal and River Trust or their respective servants or agents.

SAILING RULES

18/ No person under the age of 18 may use a sailing craft or canoe on Killington reservoir unless he or she is under the supervision of a responsible adult.

19/ All persons in craft on Killington Reservoir are expected to wear adequate personal buoyancy. This is the responsibility of the individual.

20/ All craft used on the reservoir shall have sufficient buoyancy to prevent them from sinking.

21/ No motor driven craft may be used on Killington reservoir unless it is operated for emergency purposes on behalf of the Association and with the consent of the executive committee.

SITE SUPERVISION

22/ Boats, sail boards, and canoes must be placed and kept in the position on the site indicated by the site supervisors, who shall be members of the Association appointed by the executive committee for such purposes. It is the responsibility and duty of each member to secure his vessel in such a way that it is safe when left at the club. Members are liable for damage caused by their craft if they are not properly secured.

DEFINITIONS

23/ The words “sail” and “sailing” in these rules mean the act of proceeding on water in any manner in a boat, or canoe, or other vessel.

FISHING

24/ The terms of the Association’s agreement with the Canal and River Trust prohibits the use of members’ craft for fishing on the Reservoir; nor may members fish from the banks unless they are members of the Kent Angling Association.

LANDING

24/ The terms of the Association’s agreement with the Canal and River Trust prohibits members using or passing over land owned by the Canal and River Trust, excepting land leased to the Association and, as the Association has no agreement with other owners of land surrounding the Reservoir, landing of craft is to be confined to the boat park, and with committee approval, the east bank.

BATHING

25/ In the interests of safety to members and to comply with the Association’s agreement with the Canal and River Trust, no bathing is to take place in Killington Reservoir.

INSURANCE

26/ Owners of any craft used on Killington reservoir must effect insurance cover for third party liabilities to a minimum amount which will decided from time to time by the executive committee of the Association.

DERELICT CRAFT

27/If at any time any membership and/or boat fees payable to the club by any member or former member shall be three months or more in arrears:

a./ The committee shall be entitled to move the boat to any other part of the premises without being liable for loss of, or damage to the boat howsoever caused.

b./ The committee shall be entitled upon giving one month’s notice in writing to the member or former member, at his or her last known address shown in the register of members, to sell the boat and to deduct any monies due to the association (whether by way of arrears of subscription, mooring or facility fees or otherwise) from the next proceeds of sale before accounting for the balance (if any) to the member of former member

c./ Alternatively, any boat which, in the opinion of the committee cannot be sold may, upon such notice as aforesaid, be disposed of in any manner the committee may think fit and the expenses recovered from the member or former member. Any arrears, as aforesaid shall be deemed to be a debt owing to the association by the member or former member.

d./ Further, the association shall at all times have a lien over the members or former members’ boats parked or moored on the Association’s premises in respect of all monies due to the Association, whether in respect of arrears or mooring fees or subscription or otherwise. Where a member is in arrears of monies owed to the club by at least six months, the club may in any event take possession of the member’s boat.

28/ All members shall take all reasonable steps to ensure that any land or buildings used by the Association are kept tidy and free from litter. Every member shall remove all unwanted equipment or objects. In default the committee may at its discretion arrange removal of the same and obtain reimbursement of any costs incurred from the member responsible.

29/ RIGHT OF APPEAL

Any member shall have the right of appeal against the decisions of the executive committee. In the event of a dispute which cannot be resolved amicably, an appeal committee shall be formed including one member nominated by each party and an independent member recommended by the legal department of the RYA.

30/ CHILD PROTECTION

a./ The child’s welfare is paramount

b./ all children whatever their age, culture, disability, gender, language, racial origin, religious belief and/or sexual identity, have the right to protection from abuse.

c./ all suspicions and allegations of inappropriate behaviour will be taken seriously and responded to swiftly and appropriately.

d./ as defined in the Children Act 1989, anyone under the age of 18 years should be considered as a child for the purposes of this document.

31/ EQUAL OPPORTUNITIES

a./ No member should receive less favourable treatment in any aspect of membership on racial grounds or the ground of gender, religion, disability, marital status or sexual orientation.

b./ Positive measures are taken to encourage the recruitment and continuing membership of disabled persons.

32/ Parents and guardians are warned that the club is only able to provide rescue facilities during the hours of club racing. Outside these hours, parents and guardians have sole responsibility for their children and wards and must appreciate that the club cannot be expected to exercise supervision or control. Even during club racing the club cannot accept responsibility for children, or any other persons, not engaged in racing.

33/ Dissolution of the Club

If, upon the winding up or dissolution of the Club there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the members of the Club. The Committee shall dispose of the net assets remaining to one or more of the following:

(i) to another Club with similar sports purposes which is a charity and/or

(ii) to another Club with similar sports purposes which is a registered CASC and / or

(iii) to the sport’s National Governing Body for use by them for related Community Sports.

END OF CONSTITUTION DOCUMENT


Sailing on Killington Reservoir

* It is prohibited to sail “behind the islands”. Members should familiarise themselves with the location of this area

* Dinghies must not be beached anywhere on the lakeshore other than the permitted launching area except in an emergency or with permission from the committee

* The lake is a popular venue for fishermen and dinghies must take care not to interfere

* Dinghies must not be used for fishing nor may members fish from the lakeshore unless they are members of the Kent Angling Association

* Personal buoyancy aids must be worn at all times whilst afloat and when on the jetty. Wetsuits/drysuits or similar are not considered adequate personal buoyancy aids on their own

* Dinghies should not be left unattended and tied to the jetty for long periods. Adequate space should be left for the escort boat to be moored alongside the jetty when it is afloat

* Racing is held under ISAF rules however beginners and occasional boaters also use the lake for a variety of other waterborne activities, including rowing, windsurfing, canoeing and training. Members should not assume that other boat users know either the rules or collision regulations

* Dinghies must have sufficient buoyancy to support themselves and the crew in the event of capsize. Where it may be necessary to bail after capsize, a bailer should be carried and tied securely to the dinghy

* Dinghies are advised to carry a towrope of adequate size and have at least 3 metres length available and permanently attached to a suitable strong towing point.

* All dinghies must have insurance cover for third party liabilities to a minimum amount which will be decided by the executive committee of the Association

* No person under the age of 18 may use a dinghy on the lake unless he or she is under the supervision of a suitable adult

* No motor driven craft is permitted to be used on the lake unless it is for purposes on behalf of the Association and under the consent of the executive committee

* Any person going afloat is responsible for their own decision to do so and should take into account their boat’s seaworthiness, prevailing weather conditions together with their own capabilities. The Association cannot be held responsible for anyone taking this decision and then finding themselves in difficulties

* Members should not expect the association to launch an escort boat other than for official designated club events where this has been confirmed.

* It is appreciated that members may also wish to use the escort boat when sailing with their family or friends on an informal basis. This is permitted providing that the boat is only used for escort purposes, is not used for joy riding and is always manned by a club member whose name appears on the current (annual) list of authorised escort boat drivers which is publicly displayed in the clubhouse. The escort boat must always be manned by two people of whom one is an authorised driver and the other at least competent to carry out reasonable support duties for the driver.

* Unofficial racing may be undertaken without escort boat cover only if all participants undertake to accept that they accept the risks associated when sailing without escort cover. When it is necessary to attract attention the accepted distress signal is to slowly and repeatedly raise and lower arms outstretched to each side

Use of escort boat on Killington Reservoir

* It is important to notice that in our Sailing Association the escort boat is there for the protection of all members on the water and not just for racing members.

* The Association does not have an obligation to provide Escort boat cover but will normally seek to do so for events organised by the Association or with its express approval. Members should not assume that Escort boat cover will be provided unless this has been publically confirmed by the Association.

* The Association escort boat is launched to escort boats as appropriate and to offer assistance to competitors and other members afloat. The escort boat crew may also be required to assist the Officer Of the Day (OOD) moving marks or other duties; however the prime task is to offer assistance where it may be required to sailors

* If an Association escort boat is available and manned by authorised crew it will be available on the water either throughout the specified period of cover (in the case of informal events) or from 15 minutes before the start of the event until all the boats taking part have had adequate opportunity to return to the launching area. Before withdrawing cover, the escort boat will warn any remaining members on the lake that cover is about to be withdrawn giving them the same opportunity to return.

* If the actual, forecast or expected conditions dictate, the escort will not be started or will be abandoned. If the event is cancelled before the start escort boat cover will not be available. If the event is abandoned after escort boat cover has commenced then all participants are expected to return to the launching area (or in case of extreme conditions or in an emergency the shore) as soon as possible. Anyone who remains on the lake cannot expect assistance from escort cover unless it is expressly agreed with the escort boat crew that it will remain on station.

*

* The escort boat will provide assistance to sailors and crew if in difficulty. In such situations, the primary aim will be the wellbeing of the crew. If in the opinion of the escort boat crew or others suitably experienced to decide, it may be necessary to abandon a dinghy in order to render assistance to its crew or others

Escort Boat operation on Killington Reservoir

* Escort boat crew is responsible for ensuring that the escort boat is adequately equipped in accordance with the kit list and prepared for use in accordance with the operation instructions.

* The crew will ensure that the boat is in a state of readiness at all times

* At least one of the crew must be ready, and adequately clothed to enter the water in order to offer assistance

* In light winds the escort boat may be tied afloat to the jetty ready for immediate use. In medium and strong winds where danger of capsize is greater the boat should be patrolling the lake

* Special care should be exercised when dinghies are in the vicinity of No.2 buoy in the South West corner of the lake since a small area is not visible from the jetty

* All escort boat crew must wear buoyancy aids when on duty

* Where it can be safely achieved, escort boat duties may be shared during an event with other appropriate available crew

* All activities must be carried out with due care and must not to interfere with the enjoyment and activities of other lake users including fishermen

* Use of the escort boat must be strictly for Association business. Joy riding or the use of excessive speed when it is unnecessary is strictly prohibited

* The kill cord must be fitted and worn attached to the driver at all times when the engine is running

* When in the proximity of anyone in the water or when taking anyone out of the water the engine must be stopped. It is not considered safe to just put it in neutral

Escort boat crew on Killington Reservoir

* The escort boat is to be manned by two crew at all times

* One competent adult must man the escort boat at all times. A Crew member who is less experienced and not an authorised driver is allowed providing that they are considered by the driver to sufficiently competent to perform the necessary duties to support the driver under supervision of the competent adult in providing effective escort boat cover.

Only members whose names appear on the current (annual) list of authorised drivers displayed in the clubhouse may drive the escort boat.

* It is a KSA policy that crews will attain RYA power boat certificate level 2 or similar qualification within a reasonable period of time and it is recommended that regular users undertake the RYA safety boat course. The Association is happy to sponsor members who are prepared to provide Escort boat cover for at least three day sessions per annum.

Important: Blue Green Algae

The basic principle to be borne in mind is that if sailors and windsurfers of sufficient maturity understand and accept the dangers involved and decide that they wish to continue to sail at their own risk, they may be permitted to do so by the club without the danger of legal liability to the club arising.

This is provided they have been fully appraised of the risks. It may be advisable that activities should be limited to persons aged 14 and over. (extract from article)

** Further advice from British Waterways April 2012 **

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