Folks,

I would like to ask for some opinions on this scenarios (happened to me
a while a go).

I am driving along with my pleasure craft on my side of a fairly narrow
channel.

A whale watcbing boat comes with high speed on his side of the channel

so far so good

But then, he cuts across the channel with pretty quick speed and goes
on a collision course with my craft. He did this so his passengers
could have a look at some bald eagles.

I steered out of his way as common sense commands.
But I wonder was that legal of him ? I know pleasure craft have to
yield to commercial crafts. so I have to yield but doesnt the means he
is on HIS side?

Would like to know whats the law in this case

Thanks,

Matt

P.S.
Please refrain from comments like " If you dont know you shouldnt be on
the water" and such

First, the only time the term right of way is used in the Navigation Rules,
is in regards to a vessel coming down a river.
Pleasure craft don't have to yield to commercial craft.
Everyone has to avoid a collision.
So, you did the correct thing by taking action to avoid a collision, even
though the collision would have been caused by the other boat turning into
you.


wrote in message
oups.com...
Folks,

I would like to ask for some opinions on this scenarios (happened to me
a while a go).

I am driving along with my pleasure craft on my side of a fairly narrow
channel.

A whale watcbing boat comes with high speed on his side of the channel

so far so good

But then, he cuts across the channel with pretty quick speed and goes
on a collision course with my craft. He did this so his passengers
could have a look at some bald eagles.

I steered out of his way as common sense commands.
But I wonder was that legal of him ? I know pleasure craft have to
yield to commercial crafts. so I have to yield but doesnt the means he
is on HIS side?

Would like to know whats the law in this case

Thanks,

Matt

P.S.
Please refrain from comments like " If you dont know you shouldnt be on
the water" and such

First, the only time the term right of way is used in the Navigation
Rules,
is in regards to a vessel coming down a river.
Pleasure craft don't have to yield to commercial craft.
Everyone has to avoid a collision.

************

That statement is so broad as to be misleading. It's almost as loose as
"sail always has the right of way over power."

Without looking up the exact number of the Col Reg, there's an
important one that says "no vessel under..... (about 65
feet....20meters?) and no vessel under sail......(regardless if it's a
150-footer)....shall impede any vessel following a VTS channel." As any
boat can follow the VTS if it so chooses, this reg "could" be stretched
to say that any vessel under sail must yield to any vessel under power
in the VTS- but it never is. In most situations where it could be an
issue, "pleasure boats" under 65 feet and all boats under sail
regardless of LOA must stay out of the way of commercial vessels.

You did the correct thing by backing off. No point being "dead right".

would this situation warrant a friendly reminder on Ch 16 that he may
want to open his eyes or study the regulations?

Chuck,
He said it was a narrow channel and the other boat cut across the channel,
on a collision course with him.
Clearly, the other boat was wrong.
Clearly, he did the right thing by avoiding a collision.
Calling him on Channel 16 would be appropriate, but only as an advisory, not
to be accusatory or start an argument . If the other boat never saw him, it
might be a wake up call. I wouldn't expect an answer to that call.

wrote in message
oups.com...
First, the only time the term right of way is used in the Navigation
Rules,
is in regards to a vessel coming down a river.
Pleasure craft don't have to yield to commercial craft.
Everyone has to avoid a collision.

************

That statement is so broad as to be misleading. It's almost as loose as
"sail always has the right of way over power."

Without looking up the exact number of the Col Reg, there's an
important one that says "no vessel under..... (about 65
feet....20meters?) and no vessel under sail......(regardless if it's a
150-footer)....shall impede any vessel following a VTS channel." As any
boat can follow the VTS if it so chooses, this reg "could" be stretched
to say that any vessel under sail must yield to any vessel under power
in the VTS- but it never is. In most situations where it could be an
issue, "pleasure boats" under 65 feet and all boats under sail
regardless of LOA must stay out of the way of commercial vessels.

You did the correct thing by backing off. No point being "dead right".

William Andersen wrote:
Chuck,
He said it was a narrow channel and the other boat cut across the channel,
on a collision course with him.
Clearly, the other boat was wrong.

Clearly, you need to go and *read* the rules. Channels do not have
little yellow lines painted down the middle, like a road.


Clearly, he did the right thing by avoiding a collision.

You're right here.

Calling him on Channel 16 would be appropriate

Calling him on Ch 9 would be more so.

.... but only as an advisory, not
to be accusatory or start an argument .

Really? Are you sure? Maybe the Coast Guard and the FCC would both think
you're doing them all a favor by cussing the guy out on Ch 16


...If the other boat never saw him, it
might be a wake up call. I wouldn't expect an answer to that call.


If that's true then the other boat's captain may need to requalify for
his master's ticket.

It souonds to me as though one or possibly both boats were operating at
an unsafe speed. It also sounds as though several people have no clue
whatever what the actual rules are. I strongly suggest buying... and
*reading* it... although flipping thru it casually looking at the
pictures is better than nothing.

DSK

On Mon, 27 Jun 2005 06:57:37 -0400, DSK wrote:

William Andersen wrote:
Chuck,
He said it was a narrow channel and the other boat cut across the channel,
on a collision course with him.
Clearly, the other boat was wrong.

Clearly, you need to go and *read* the rules. Channels do not have
little yellow lines painted down the middle, like a road.

Not exactly.

Traffic Separation Schemes - usually purple lines though, I'll grant
you. :)

It souonds to me as though one or possibly both boats were operating at
an unsafe speed. It also sounds as though several people have no clue
whatever what the actual rules are. I strongly suggest buying... and
*reading* it... although flipping thru it casually looking at the
pictures is better than nothing.

Yeah - but I like the little pictures of lights and stuff. :)

William Andersen Jun 27, 1:32 am show options

Newsgroups: rec.boats
From: "William Andersen" - Find messages by this
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Date: Sun, 26 Jun 2005 22:32:29 -0700
Local: Mon,Jun 27 2005 1:32 am
Subject: Question: Right of way
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Chuck,
He said it was a narrow channel and the other boat cut across the
channel,
on a collision course with him.
Clearly, the other boat was wrong.
Clearly, he did the right thing by avoiding a collision.

*********

I agree with those points. My comments had to do with the breadth of
the comment implying that commercial vessels had no special rights of
way- when under a number of common and important circumstances they do.
There is almost no way to know whether any or all of those
circumstances may have applied in this case, but all boaters should be
aware that when encountering a vessel constricted in its ability to
manuever (as by draft, etc) or a power driven vessel following a VTS,
there will be many cases where the vessel ordinarily considered "stand
on" must indeed "give way".

OK, but commercial/pleasure doesn't matter. What does matter is
participation in a VTS, type of power, constrained by draft, etc. Although
commercial vessels are often constrained by draft and restricted to a
channel, etc, it isn't the fact that they are commercial vessels that make
them stand on, it's the fact that they are, for example, constrained by
draft to operation in the channel.


wrote in message
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William Andersen Jun 27, 1:32 am show options

Newsgroups: rec.boats
From: "William Andersen" - Find messages by this
author
Date: Sun, 26 Jun 2005 22:32:29 -0700
Local: Mon,Jun 27 2005 1:32 am
Subject: Question: Right of way
Reply | Reply to Author | Forward | Print | Individual Message | Show
original | Report Abuse

Chuck,
He said it was a narrow channel and the other boat cut across the
channel,
on a collision course with him.
Clearly, the other boat was wrong.
Clearly, he did the right thing by avoiding a collision.

*********

I agree with those points. My comments had to do with the breadth of
the comment implying that commercial vessels had no special rights of
way- when under a number of common and important circumstances they do.
There is almost no way to know whether any or all of those
circumstances may have applied in this case, but all boaters should be
aware that when encountering a vessel constricted in its ability to
manuever (as by draft, etc) or a power driven vessel following a VTS,
there will be many cases where the vessel ordinarily considered "stand
on" must indeed "give way".

Unless the vessel crossing the channel had dayshapes up for Not Under
Command. If she had perhaps a rudder casualty.

Granted the guy/gal was probably just a bone head. But nothing much has
een said about any dayshapses, lights or audible signals that were or
were not present.