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Default Question: Right of way

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

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William Andersen
 
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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



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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".

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are you sure? I read that commercial vessels always have the right of
way over pleasure crafts... i.e. a tanker wont stop to let a 19 ft
boat from the right go by

Matt

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



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William Andersen
 
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Commercial isn't the keyword. Many pleasure craft are larger than commercial
vessels; think about fishing boats.
A tanker is more than a commercial vessel; it's big and may be constrained
in it's ability to move: a small boat must stay clear.

wrote in message
oups.com...
are you sure? I read that commercial vessels always have the right of
way over pleasure crafts... i.e. a tanker wont stop to let a 19 ft
boat from the right go by

Matt



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William Andersen
 
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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.
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".



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DSK
 
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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

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Shortwave Sportfishing
 
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On Sun, 26 Jun 2005 21:39:14 -0700, "William Andersen"
wrote:

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.


Not true. There is no distinction between "commercial" and pleasure.
There is a distinction between fishing, size and/or maneuverability
with respect to other vessels.

We really don't have enough information on this because Matt didn't
specify if he was upbound and downbound as specified in Inland Rule
#14.

Inland Rule 9(d) covers this, but it's kind of iffy based on Matt's
information.

Inland Rule 10 also might apply. If Matt was in a recognized Traffic
Separation Scheme - your side, my side kind of thing- then the turn
may have been entirely legal, but it appears to be unlikely.

Everyone has to avoid a collision.


International Rule 7 and 8 - exactly right.
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Shortwave Sportfishing
 
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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. :)
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