Re: [Paddlewise] Night Gear and red LEDs

From: <rdiaz_at_ix.netcom.com>
Date: Sat, 09 May 1998 11:30:50 -0700
Michael Neverdosky wrote:
> 
> rdiaz_at_ix.netcom.com wrote:
> 
> > something.  That is why no flashing lights of any color on the water to
> > be used on any type of vessel.  White flashing lights in distress strobe
> > use are the exception.
> 
> Please CITE the rule, chapter and verse.
> 
> Unless you can post the EXACT RULE that says this so that the rest of us
> can go look it up, pleas STOP POSTING INCORRECT INFORMATION!
> 
> In fact the rules REQUIRE a flashing yellow light for air-cushion vessels.
> See COLREGS Rule 23 part (b).

I had forgotten about the yellow flashing light for air-cushioned
vessels operating in a non-displacement mode.  The few times I have seen
an air-cushioned vessel it was in a displacement mode and thus no
flashing all around yellow light.  Thanks for the correction.

> 
> The only rule I can find that has anything like a prohibition of flashing
> or rotating lights is;
> 
> Rule 36. Signals to Attract Attention
> 
> "If necessary to attract attention of another vessel, any vessel may make
> light or
> sound signals that cannot be mistaken for any signal authorized elsewhere
> in these
> Rules, or may direct the beam of her searchlight in the direction of the
> danger, in
> such a way as not to embarrass any vessel. Any light to attract the
> attention of
> another vessel shall be such that it cannot be mistaken for any aid to
> navigation.
> For the purpose of this Rule the use of high intensity intermittent or
> revolving
> lights, such as strobe lights, shall be avoided."

That is the point of our discussion, i.e. the possibility of a flashing
light being mistaken for an aid to navigation, meaning buoys,
lighthouses, etc.  Buoys often have a red or green flashing light.  If
you are displaying a flashing red or green light on a vessel of any
kind, it is conceivable that another vessel could mistake it for an aid
to navigation and make assumptions regarding location.  This could run
them aground or into rocks.  Being low in a kayak with even small swells
obstructing your flashing light, it might mimic the flash frequency of
an aid to navigation that would be flashing at several seconds
intervals.  But even if your red LED light were not being obstructed by
swells it is illegal.  That is the meaning of Rule 36 that you fully and
correctly cite; "shall be avoided" isn't a nicety against some etiquette
impropriety, it is a mandate against such action.

Annex IV of the same rules you are citing stresses "The use or
exhibition of any of the foregoing singnals for the purpose of
indicating distress or need of assistance (the reference is to strobes,
sky flares, smoke, flags, arm motions, radio transmissions) and the use
of other signals which may be confused with any of the above signals is
prohibited."

Further in the same rules, the Penalty Provisions cite a civil penalty
of up to $5,000 for each violation.  It very well may be worth risk of
violating the law.  But there is that heavy fine, your boat will be
confiscated or taken off the water, you will be tied up in paperwork. 
And any time you roam out on open water (and other paddlers too) you
will have a big target on your back for the Coast Guard to come up and
check even the condition of your PFD.


> 
> It would seem that the blue revolving lights on harbor patrol, coast
> guard, and
> police boats would violate this rule. If the want to write you up for a
> flashing light
> make them also write themselves up at the same time.


Annex 5 of the same rules says it is okay for the cops to have revolving
flashing blue light.  It is just an Inland Rule not sanctioned as far as
I can see in International Waters.

I don't blame you for not spotting that exception.  The rules are quite
complex and hard to master.  I would be the last person to claim I know
them by heart.
 
> There is no way that any bicycle LED flasher I have ever seen sould be
> mistaken for
> any navigation aid, removing that objection.

I respectfully disagree.  But what you feel strongly about and what I
think don't matter much.  It is what harbor police and Coast Guard
personnel think.

> 
> The primary need is to make yourself visible, Visible, VISIBLE!
> 
> If I were going to be kayaking at night a lot, I would embedd LEDs all
> around the hull
> and in my paddle so that someone would have to be completely blind to not
> see me.
> I would also carry a VERY BRIGHT dive light (Bottom Light by Princeton
> Tectonics)
> to shine on my boat and if needed at an aproaching vessel to make sure
> that they
> know that I an there.

You can do what you wish but you would likely be in violation with the
LEDs.  BTW, we have been taking for granted that the LEDs are highly
visible at distances.  They are not certainly no where the visibility or
intensity of distress strobes.

I think a better approach is to have several of those ACR "C" Lights
(strobe bright without the flash) on your hat snaked into the straps
supporting a headlamp.  Between the C's and the headlamp, you will be
throwing a lot of effective light with no flash that could be mistakened
for distress signals or a flashing aid to navigation.  Also have several
hanging on your PFD one in back and one in front.  Sounds silly but that
is the way I paddle at night with 2 or 3 C's, a headlamp and one or two
other flashlights.  The battery companies love me!!!!

 
> If someone runs you down at night and you die, there will be no one to
> argue
> the point of the legality of your lights.

If some oil tanker runs aground and splits open because I was showing
lights that could be mistakened for channel markers, the outcome
wouldn't be so pleasant either.

regards,

ralph
-- 
-----------------------------------------------------------------------
Ralph Diaz . . . Folding Kayaker newsletter
PO Box 0754, New York, NY 10024
Tel: 212-724-5069; E-mail: rdiaz_at_ix.netcom.com
"Where's your sea kayak?"----"It's in the bag."
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Received on Sat May 09 1998 - 08:33:11 PDT

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