Scaling Dam Sailing Club Bye-laws
The terms detailed in the Interpretation section of the Scaling Dam Sailing Club (SDSC) Constitution shall have the same meaning within this document.
The decision of the Main Committee upon any question of the interpretation of these Bye-laws, or upon any matter affecting the Club not otherwise provided for, shall be final and binding upon the Members.
However if there is any conflict between the interpretation of these Bye-laws and the interpretation of the Constitution, then the terms of the Constitution shall prevail and measures shall be taken in due course to resolve said conflict
2. Approved Water Sports
2.1. Approved water sports which can be practiced at the club during normal sailing times are dinghy sailing, windsurfing, canoeing/rowing and paddleboarding. Group Associate members, with prior approval, may also use rowing boats at times other than normal sailing times. See also Definitions – Craft.
2.2. Open Water Swimming is permitted at Scaling Dam Sailing Club. Wild Swimming is NOT permitted. See Section 4.9
3.1. Authorised Person. For the purposes of accepting membership applications, an authorised person is any Committee Officer or the Membership Administrator.
3.2. Craft. The following Craft are permitted by the Lease to be operated on Scaling Dam. Dinghies – all types; sailability trimarans; windsurfers/sailboards; rowing boats (single oarsman only); canoes; paddleboards; powered Craft only insofar as they are used for safety duties and training. Keelboats are not suitable to sail on the reservoir but may be accepted on a case by case assessment.
3.3. Representative Role. Within the committee, the following are Representative Roles as referred in the Constitution. Sailability; Youth and Junior; Windsurfing; Group Associate members.
3.4. EHS Advisor. The EHS Advisor shall be a person qualified in the area of Health and Safety who will act as an authority for the committee on all safety-related matters and shall ensure that accident report forms are kept up to date and available for inspection. The EHS Advisor does not need to sit on the committee to perform this role.
3.5. Duty Officer. That person, normally a member of the main committee, who shall attend sailing sessions and speak and act on behalf of the main committee.
3.6. Water Safety Manager. The Committee will nominate a Water Safety Manager (WSM) to be on site when the Club is open for sailing as published in the Club Handbook or on the Club Website to oversee safety on the water. The WSM will normally be the Bosun, but in the Bosun's absence may be a member of the Committee or any ordinary member approved by the Committee or the WSM. The WSM will carry out this role from the shore and will only go afloat in exceptional circumstances. The Duty Officer and the Water Safety Manager may be one and the same.
3.7. Safety Boat Manager. The Committee will appoint a Safety Boat Manager (SBM) who will arrange for Safety Boat helm and crew to operate the Safety Boat at the times specified under Section 4 Safety.
3.8. Safety Boat. A Safety Boat shall be on the water, have an operational engine and normally a crew of two persons, one of whom should be prepared, if necessary, to go into the water. Persons aged between 16 and 18 years may operate the Safety Boat, provided they hold the RYA Powerboat Level 2 Qualification and are accompanied by someone over the age of 18. A crew of one person over the age of 18 shall be allowed at the discretion of the Water Safety Manager when conditions permit (e.g. light winds).
3.9. Open Water Swimming Co-ordinator – The Main Committee shall appoint an Open Water Swimming Coordinator who will draft, maintain and file the OWS Procedures and Risk Assessment and ensure events are managed accordingly. .
3.10. First Aid Co-ordinator – The Main Committee shall appoint a Member to act as the First Aid Co-ordinator to monitor first aid practices and equipment at the Club and to report back to the Main Committee any non-conformances against current first aid regulations.
4.1. Safety Boat facilities are normally provided by SDSC as shown in the Club Handbook or on the Club Website – normally between 1000hrs and 1700hrs on Saturdays, Sundays and Bank Holidays and between l600hrs and 2000hrs on Wednesdays and Fridays. Safety Boat facilities may be available at other times depending on Club activities.
4.2. Dinghy Racing and Water Sports involving 16s and under shall only take place when there is at least one manned Safety Boat available as defined in 3.8.
4.3. Adult members over 16 years of age may elect at their own discretion to Casual Sail provided as a minimum a Safety Boat is moored on the jetty and a qualified helm is ready to operate it. Those electing to Casual Sail in these circumstances shall affirm and demonstrate to the WSM they are suitably experienced to sail under the prevailing weather conditions.
4.4. The WSM may suspend sailing if they consider it unsafe due to prevailing weather. In this event, the Clear the Water signal shall be shown. See Byelaw 9.4
4.5. Safety Boat Temporarily Unavailable
4.5.1. Should the Safety Boat crew be temporarily unavailable (for a period not exceeding 30 minutes) this will be signified by a flashing yellow light. When this light is shown, all Craft having anyone under 16 on board should leave the water. Other crews may sail at their own discretion, knowing that a manned Safety Boat is not on the water.
4.5.2. Sailors will be required to leave the water should the safety boat crew be temporarily unavailable and no suitable replacement crew found.
4.6. Members are permitted to engage in day sailing without Safety Boat cover provided:
a. there are two or more Craft on the water,
b. all sailors are members of SDSC,
c. any members under 18 are accompanied by a responsible adult,
d. the competence of the sailors is compatible with the prevailing wind and weather conditions,
e. the crews of the Craft are not made up solely of Junior members, and
f. sailors shall keep a lookout and are prepared to offer assistance should the need arise.
Sailing without Safety Boat cover is entirely at the risk of the sailors.
4.7. Persons under 16 years
4.7.1. When on Club premises or afloat at Scaling Dam, all persons under the age of 16 shall be directly supervised by a responsible adult member who may be a parent or guardian or be nominated by them.
4.7.2. Persons under the age of 16 are not allowed to be afloat in sole charge of a dinghy or sailboard unless there is a manned Safety Boat on the water as defined in 3.8 above.
4.7.3. The responsible adult member shall ensure that persons under 16 under his care shall wear effective personal buoyancy at all times when in the vicinity of water.
4.8. Buoyancy and Protection
4.8.1. Effective personal buoyancy shall be worn at all times whilst afloat in all Craft, Safety Boats and on the Club jetty. If it is of the inflatable type, it must be kept inflated. Nappy harnesses, wet suits and dry suits in themselves are not considered adequate buoyancy.
4.8.2. Wet suits, dry suits or effective thermal protection shall be worn when afloat during the months of March and November. They are strongly recommended during the months of April, May and October.
4.8.3. It shall be the sole responsibility of each owner or helm to ensure that the buoyancy of their Craft is adequate and remains so whilst sailing at Scaling Dam.
4.8.4. All Craft shall be of a type suited to conditions at Scaling Dam and shall have adequate buoyancy to support the Craft and its normal crew in the event of capsize or swamping for an extended period. Responsibility for adequate boat buoyancy remains with the owner/helm. Advice given by the respective fleet captain or member of the Main Committee or other nominated person is tendered in good faith and without responsibility on the part of the Club or its servants.
4.8.5. Inflatable side buoyancy bags shall be adequately secured.
4.9. Open Water Swimming
4.9.1. Open Water Swimming (OWS) shall be managed by the Open Water Swimming Coordinator appointed by the Main Committee in accordance with the OWS procedures.
4.9.2. All OWS sessions shall be supervised by a Session Leader.
4.9.3. The OWS swimming area shall be segregated from all other water sport activities. Swimmers must remain within the designated area.
4.9.4. OWS safety cover shall be provided by using kayaks. There will be at least one rescue kayak per 20 swimmers and no more than 60 swimmers at any time.
4.9.5. All other Craft shall stay clear of the OWS swimming area.
5. Membership Fees
5.1. The Membership Secretary shall decide the date when the following membership fees are due and shall publicise both the due date and the arrangements for payment.
5.2. Single membership fee. A Member who does not qualify for, or elect to pay, any other rate of membership fee, shall pay the Adult Single membership fee.
5.3. A Youth Member who does not qualify for, or elect to pay, any other rate of membership fee may pay the Youth Single membership fee.
5.4. A Junior Member who does not qualify for, or elect to pay, any other rate of membership fee may pay the Junior Single membership fee.
5.5. Family membership fee. One or two Adult Members and any number of Youth Members or Junior Members who are all part of the same Family Unit shall be entitled to pay the Family membership fee. For the avoidance of doubt, the Main Committee shall rule on a case-by-case basis in any disputes relating to the definition and application of the term 'Family Unit'.
5.6. Student membership fee. An Adult Member who is in receipt of full time education shall be entitled to pay the Student membership fee
5.7. Sailability membership fee. An Adult Member who is registered as disabled shall be entitled to pay the Adult Sailability membership fee. A Youth Member who is registered as disabled shall be entitled to pay the Youth Sailability membership fee. A Junior Member who is registered as disabled shall be entitled to pay the Junior Sailability membership fee.
5.8. A Member who is registered as disabled shall be entitled to register their carer as a Care Member. A Care Member shall be allowed full use of all the club facilities but shall not have the right to vote at General Meetings and shall not be allowed to sail at the club.
6. Membership Fee Discounts
6.1. The discounts detailed below shall be specified by the Main Committee and shall be applied to membership fees as follows: –
6.2. Early Payment Discount. Members who pay their membership fee before a date specified by the Main Committee, typically the end of February, shall be entitled to receive an Early Payment Discount against the relevant membership fee.
6.3. Distant Membership Discount. Members who live more than 50 miles from the club, shall be entitled to receive a Distant Membership Discount against the relevant membership fee.
7.1. A Member shall not introduce more than two guests or one family unit in any one day and the same guest(s) shall not be introduced on more than four occasions in any one year.
7.2. Guests must be signed in the guest book kept at the clubhouse entrance.
7.3. Guests may participate in water sport at the club using a Craft owned and sailed by the host subject to that Craft having, at all times, valid insurance cover to the level required by the Insurance Clause of the Constitution. For the avoidance of doubt, the guest may not sail any other Craft at the club. See Constitution for clarification of rights of Affiliated Members from other clubs.
8. Insurance and Responsibility
8.1. No Craft shall be launched at Scaling Dam unless its owner/helm declares in writing that he/she holds and will continue to hold a valid and current certificate of insurance including Third Party Liability of at least £2,000,000, which covers the Craft whilst at Scaling Dam. Failure to supply a statement of conformance will invalidate membership to Scaling Dam Sailing club.
8.2. Northumbrian Water Limited (NWL) and Scaling Dam Sailing Club are not responsible for any loss, damage or injury sustained by any person, their property, or any third party in consequence of his/her entering or remaining on NWL/SDSC property and engaging in water sports or any other activity
9. Sailing – General
9.1. No Craft shall enter the part of Scaling Dam defined as the Nature Reserve at the southwest corner of the reservoir, the limit of which is marked by a row of orange mooring buoys (and shown on the map of the reservoir at the clubhouse, which will also indicate below water hazards known by the club).
9.2. No Craft shall be used for fishing, and sailors shall avoid causing undue annoyance to bank fishermen.
9.3. The sailing area/time may be restricted by the Duty Officer or Water Safety Manager having regard to its use and prevailing conditions.
9.4. All Craft must leave the water when 4 white lights together with a red light and repeated sound signals are made.
9.5. Other than in an emergency or by agreement with the landlord (Northubrian Water Ltd), wading, paddling or swimming is not permitted except for purposes of normal sailing activities including launching and beaching on the shore area in front of the clubhouse.
9.6. During Open Meetings/Special Events as defined in the Race Programme, casual sailing is only allowed by agreement with the OOD whilst racing is in progress. The OOD will take into account the courses being used, the availability of Safety Boat cover, the competence of the members involved and the weather conditions. He will also discuss the request with the race committee before taking a decision. The presumption is that sailing should be allowed if at all possible.
9.7. Use of club dinghies: For a list of current charges and conditions contact the bosun. A limited number of club boats are available for general racing. Junior members have priority in the use of club Toppers. Club Wayfarers are only available for training purposes.
10. Clubhouse and Grounds
10.1. Clubhouse facilities shall only be available when there is a nominated duty officer or person authorised by the Main Committee on duty
10.2. Persons dressed in sailing clothing are not allowed on the carpeted area and soft furniture.
10.3. It is against the law to smoke within the clubhouse.
10.4.1. Dogs other than disability assistance dogs are not allowed in the clubhouse.
10.4.2. Until further notice, dogs kept on a lead and under control are permitted to be brought onto the club grounds. The owners must take responsibility for clearing up after their dog. If the dog is reported as not being kept under control twice during the season, it will be banned from the grounds.
10.4.3. Use of radios, television sets, record players and musical instruments is prohibited in the boatpark.
10.5. Kitchen facilities are available for members' use when not in use by the club for events. Members are expected to keep the area clean and tidy after use.
10.6.1. Boats are left in the boatpark at the owner's risk and must be securely tied down.
10.6.2. Road trailers can be left in the designated spaces in the boat park subject to agreement with the membership secretary and payment of a fee. All road trailer left on site must be disabled and marked or tagged so the owner can be idetified. Road trailers may be stored on member's own dinghy park spaces without additional charge.
10.6.3. Road trailers and trolleys are left at the club at the owner's risk.
10.6.4. The club reserves the right to request the removal of road trailers if necessary.
10.7. Vehicles must be confined to the car park except when actually loading/unloading their Craft.
10.8. Camping in the club grounds is permitted by general agreement with the committee. Permission shall not be withheld unless there is evidence of unreasonable behaviour or damage to club property. A fee is payable to the Bosun for use of the club electrical supply.
10.9. All member's property must be removed from the grounds of Scaling Dam by 31st December in the year in which the member resigns from the Club. Any property so remaining after 31st December will be deemed abandoned unless alternative arrangements have been made with the Membership Secretary. This paragraph is no longer required since dinghy parking fee is now for 12 months
10.10. Abandoned Craft may be subject to removal to a location that the Main Committee deems suitable and subsequently disposed by the club.
10.11. Action shall be as follows:
a. Where the owner is known, he/she shall be notified in writing, using the Recorded Delivery service. Proof of posting shall be proof of receipt. Failure to remove the Craft within 7 days will result in the Craft being disposed of by any means which the Main Committee deems suitable.
b. Where the owner is not known, the Main Committee shall make reasonable enquiries to ascertain the owner, and place a notice at the site where the Craft was found.
c. 'Owner' shall include any person who has possession, care, custody, or control of the property and also any person who has an interest in the property.
d. Any proceeds received from disposal of the property shall be paid into club funds.
e. If, within one year and one day, the owner, on proof of title, claims the Craft they shall be given the Craft or the sum raised by the disposal of the Craft. The owner shall pay reasonable expenses to the club before the Craft is returned or sum refunded. After this period has elapsed, the owner will not have any claim whatsoever.
11. Main Committee
The Main Committee shall consist of twenty-two people made up as follows;
The ten Officers (see Constitution)
Four Representative roles (see Definitions)
Six Members who shall be elected as ordinary members of the Main Committee
The Main Committee may appoint members to undertake the following support roles within the club:
Editor Dam News
Wildlife representative (with NWL)
Other roles may be defined during the season according to need.
12. Northumbrian Water Regulations (extracted from our lease)
12.1. No person shall commit any act which may result in the fouling of the premises, the clubhouse area or of water into the reservoir.
12.2. Only the lavatories provided in the clubhouse shall be used for sanitary purposes.
12.3. The needs of wildlife are respected.
12.4. No interference shall take place with the machinery, valves, drains, fences, gates and roads or other apparatus or works of N.W.L.
12.5. Boats and equipment shall be stored in the boat park.
12.6. No gun shall be brought into the area of Scaling Dam.
13. Purchase and Supply of Excisable Goods
13.1. The purchase for the club of excisable goods and the supply of the same upon club premises shall be under the control of the Main Committee through the Bar Secretary or other nominated person.
13.2. Intoxicating liquor may only be sold for consumption on the club premises to members over the age of eighteen who are entitled to the use of the club premises. No member under the age of eighteen may purchase or attempt to purchase intoxicating liquor within the club premises. Tobacco or cigarettes sales are prohibited in totality.
13.3. Subject to the requirements of the licensing authorities, the Main Committee shall cause the club bar to be opened at convenient times for the sale of Intoxicating Liquor to members and their guests provided that guests' names and addresses and the name of their hosts shall have been entered in the Visitor's Book upon entry to club premises.
13.4. No person shall take a commission, percentage or other such payment in connection with the purchase of excisable goods for the club. Any profit deriving from the sale of such goods shall (after deduction of the costs) be applied to the provision of additional amenities or the purchase of property to be held in trust for the benefit of the club.
14.1. All persons shall immediately comply with reasonable directions given by a club Flag Officer, Duty Officer, a Member of the Committee, the Water Safety Manager or an authorised person from N.W.L.
14.2. Failure to comply with the above Byelaws and Regulations may result in the person and/or Craft being banned from Scaling Dam for a period or other penalty as determined by the S.D.S.C. Main Committee and/or N.W.L.