Re: [Paddlewise] Rules of the Road?

From: David Martin <sunshin_at_mcn.org>
Date: Wed, 2 Jun 1999 10:26:14 -0000
Part of the Origional Message
From: Richard Walker

"A difference should be noted between legal rules of the road, vs practical,
and how they effect one another. Legally, a paddled craft has right of way
over just about everything except commercial and deep draft vessels moving
in a channel."

My Response: Please check again R. Walker. "Legally" speaking, I don't
believe that boats propelled by manual means (this legalese for paddled or
rowed boats) are ever mentioned in the Navigation Rules as something that
other boats are required to give-way to.

I am paraphrasing here but The Inland Navigation Rules (9,10, 13 & 18)
generally state as follows:

A power boat must keep out of the way of: vessel not under command
(basically adrift, or aground and without any means to control its course) ,
vessel restricted in it's ability to maneuver (a dredge, pile driver etc., a
vessel engaged in fishing (but not including sport fishing, or trolling,)
and a sailing vessel (but only when it is being propelled exclusively by
sails.) There are exceptions for: deep draft vessels when operating in
narrow channels, vessels operating under a Traffic Separation (lanes)
Scheme,  and overtaking (passing) situations.

My reading is that since they are not specifically mentioned, "manually
propelled vessels" do not have any priority right-of-way privileges. The
only situation that I can find where paddle craft may have the right-of-way
is with seaplanes which are required to keep well clear of ALL vessels.

Also, I agree that the venerated "Rule of Tonnage" while not actually
identified in the Code of Federal Regulations is never ignored by a "prudent
mariner." The Bigger boat is not only usually the tougher boat, it generally
is more difficult to maneuver and that too should be considered.

There are also Rules 7 & 8. for the benefit of anyone who might ever be
convinced of their right-of-way or be determined to maintain course and
speed even if it means a collision: Every boat is required to be alert to
the risk of collision, assume the risk exists in any situation where there
is doubt and to take positive action in sufficient time to avoid a
collision.

Be Careful Out There!

Dave Martin



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Received on Wed Jun 02 1999 - 11:31:05 PDT

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