To all members of the International 2.4mR Class Association
During the past few months circumstances, partly outside the control of the EC, and research have culminated in the need to redefine the Norlin One Design Class structure within the overall International 2.4mR Class. The object of the EC in so doing is to recognise and implement the legal position that the ICA needs to take in light of the advice we have obtained. We are also well aware of the need to retain an OD division within the overall International 2.4mR Class but this must now have a structure which we can rely upon and retain the Norlin OD Class within the overall mR boat fleet. The actions of the EC are covered by the mandate they hold under the constitution.
Hopefully the following wording will clearly underline these objectives and reasons for the directional change.
There are income related issues for the World Council to decide at the next AGM in consequence of the new structure and these will be addressed by a well thought out budget to be proposed for the next year.
President International 2.4mR Class Association
Historical and current position:
- The Norlin One Design Class is not recognised by World Sailing, who are the overall governing body of the ICA.
- The agreement that existed between the ICA and Norlin Yachts ( representing the designs of the late Peter Norlin) to grant building licences for the construction of 2.4mR Norlin One Design boats has now ended ( 3rd April 2020) after due notice, following the intellectual rights over the Norlin mk3 design having expired.
- The agreements with the two OD builders who held licences granted by the ICA have either expired or ceased due to a change in ownership of the builder.
- The class had historically had the right to issue a builders licence under the agreement with Norlin Yachts. This is no longer the case. Norlin mk3 design is now believed to be a free design for all to build. Builders should make their own checks before commencing any build.
Research and advice:
- The ICA has taken legal advice and found that it could be unlawful on the grounds of misrepresentation for the ICA to enter into a commercial agreement (licence) on a design it does not hold design rights or any form of ownership.
- Being an unincorporated association, any failure of a commercial contract would result in the officers of the class being held personally responsible for any claim under the performance of the commercial contract.
- The ICA by way of it’s officers on the EC and TC are not all willing to take the personal risk and exposure to litigation against any commercial contract with ICA involvement.
- No new Licenses will be issued to builders of any International 2.4mR including those designated for OD certification.
- International 2.4mR Class boats may continue to be measured as One Design if required.
- Conformity with the One Design rules will now be implemented “post” manufacture and executed by the class measurers.
- Measurers will work to the rules of the International 2.4mR Class and the Norlin One Design Class. Liability to ensure the boats correctly conform is covered, as currently, by the measurers own insurances, underwritten by their respective MNAs, releasing the ICA from any responsibility.
- New boats built as OD compliant would not be subject to any ICA fee.
- Every International 2.4mR Class boat must carry a World Sailing builders plaque as currently.
- The ICA will continue to record One Design boats at the point of issuing an OD certificate and record these boats on the website.
- The Technical Committee will now be requested to draw up amendments to the Norlin One Design rules that reflect the changes above and, after approval by the EC, for submission to a future AGM for World Council ratification. A notice posted during this interim period at the beginning of the Norlin One Design Class Rules should clearly say that these rules are under review.