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From: Karl Coplan <kcoplan_at_Genesis.law.pace.edu>
subject: [Paddlewise] USCG response on Rules of the Road
Date: Wed Jun 9 06:51:34 1999
After looking at the US Coast Guard site on the Rules of The Road, I 
couldn't find any rule giving paddle powered vessels the right of 
way, either.  Paddle powered craft are clearly "vessels," but no rule 
requires either motor vessels or sailing vessels to give way to 
them.  Since the Coast Guard site had a form for making inquiries 
about applicable rules of the road, I submitted the obvious inquiry.  
Here, to add the to confusion, is the US Coast Guard's reply, which 
is that human powered vessels _do_ have right of way.  I do not know 
what this is worth in admiralty court, but here it is . . .


------- Forwarded Message Follows -------
From:          "Marx, Barbara" <BMarx_at_comdt.uscg.mil>
To:            "'kcoplan_at_genesis.law.pace.edu'" <kcoplan_at_genesis.law.pace.edu>
Subject:       RE: Web Inquiry Email
Date:          Wed, 9 Jun 1999 07:47:11 -0400 


Mr. Coplan, vessels operated by oars or paddles always have the right of
way.  It would be extremely difficult to move a "human powered" vessel out
of the way of a speeding vessel.

Thanks for your interest.
> -----Original Message-----
> From:	Wysock, Mary LTJG 
> Sent:	Monday, June 07, 1999 4:44 PM
> To:	Marx, Barbara
> Cc:	LaRue, Edward
> Subject:	FW: Web Inquiry Email
> 
> -----Original Message-----
> From:	kcoplan_at_genesis.law.pace.edu [SMTP:kcoplan_at_genesis.law.pace.edu]
> Sent:	Wednesday, June 02, 1999 4:36 PM
> To:	MWysock_at_comdt.uscg.mil
> Subject:	Web Inquiry Email
> 
> 
> 
> 
> This form was submitted from http://www.uscg.mil/vtm/pages/rules.htm#FAQ
> on 6/2/99.
> 
> The following information was submitted:
> 
> The "[MessageType]" about  "Navigation Rules (Vessels in any condition of
> visibility)" is:
> 
> "Does a human powered vessel (oar or paddle) not in a restricted channel
> have right of way over vessels under power or sail?"
> 
> Personal Information submitted:
> 
> Name:  "Karl Coplan"
> E-mail: "kcoplan_at_genesis.law.pace.edu"
> Telephone:  "[UserTel]"
> FAX: ""


Professor Karl S. Coplan
Pace Environmental Litigation Clinic, Inc.
78 North Broadway
White Plains, N.Y.  10603
kcoplan_at_genesis.law.pace.edu
(914) 422-4343
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From: <dmccarty_at_us.ibm.com>
subject: Re: [Paddlewise] USCG response on Rules of the Road
Date: Wed, 9 Jun 1999 11:25:41 -0400
My reading of the USCG rules is that human powered boats have the right of way.
Unless there is a manouverability issue.  This was on the USCG site a few years
back.  And it is also my understanding from being a boating safety instructor
years ago.

After one of my close encounters of with the IdiotsWithKey Kind, I went to the
USCG site and reread things to make sure I was remembering the rules correctly.
I was.

If'n I get a chance I'll go back and see if I can find the page.  The
information should also be available from the state wildlife law enforcement
agency as well as USCG pamplets/documentation.

Later...
Dan


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From: Larry Snow <larry.snow_at_deltec.com>
subject: RE: [Paddlewise] USCG response on Rules of the Road
Date: Wed, 9 Jun 1999 11:38:19 -0500
Just keep in mind that the laws of physics (i.e. the law of mass tonnage)
are higher laws than human law (i.e. that "human powered" vessels have right
of way).  Thus if you find yourself in front of a freighter that you cannot
get out of the way of, it should be of great comfort for you to know that it
is the freighter's fault.  This is what is known as being "dead right".

Larry Snow

------- Forwarded Message Follows -------

Mr. Coplan, vessels operated by oars or paddles always have the right of
way.  It would be extremely difficult to move a "human powered" vessel out
of the way of a speeding vessel.


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From: <dmccarty_at_us.ibm.com>
subject: Re: [Paddlewise] USCG response on Rules of the Road
Date: Thu, 10 Jun 1999 10:23:47 -0400
|I have the rule book and have actually studied it a lot but I cant find any
|reference to human power craft.

|If you find something solid could you please let me know.

The www.uscg.mil site is not reachable for some reason.  I found multiple
references to the site on official/semi-official web sites but I have not been
able to get there for in two days of trying.  This is the site where I found the
reference about paddle boats having general right of way.  The reference itself
was not a major heading but a list of which vessels generally had right of way,
least to most, power boats, sail boats, human powered boats, followed by vessels
with limited manoeuvrability

I'll keep looking.  I'll see if I have some old boating safety books at home.  I
likely do just a question of finding them!  8-)

I know when I had my two run its with the power boats I looked up the
information on the web site.  I had the right of way for two reasons, one the
human powered "rule" and since I was the vessel to the right I had right of way.
I could also make the argument that I was also a vessel of limited
manoeuvrability because I was running 15-20 feet alongside the shoreline.

BUT, he was bigger then me so I let him do what he wanted to do!  8-)

Later....
Dan McCarty


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From: Barbara Kossy <bkossy_at_igc.org>
subject: Re: [Paddlewise] USCG response on Rules of the Road
Date: Thu, 10 Jun 1999 09:01:04
Tecnically kayaks do have right of way. However, I'd rather be alive and in
one piece, than right. In otherwords, it's prudent to assume no one sees
you and even if they do, they won't or can't make efforts to avoid you. I
haven't taken the additional step of assuming they're out to get me. I'm
not that paranoid.
Barbara, who occasionnaly paddles in SF Bay with lots of boat traffic


--------------------------------------------------------------

At 09:55 AM 6/9/99 EST5EDT, Karl Coplan wrote:
>After looking at the US Coast Guard site on the Rules of The Road, I 
>couldn't find any rule giving paddle powered vessels the right of 
>way, either.  Paddle powered craft are clearly "vessels," but no rule 
>requires either motor vessels or sailing vessels to give way to 
>them.  Since the Coast Guard site had a form for making inquiries 
>about applicable rules of the road, I submitted the obvious inquiry.  
>Here, to add the to confusion, is the US Coast Guard's reply, which 
>is that human powered vessels _do_ have right of way.  I do not know 
>what this is worth in admiralty court, but here it is . . .
>
>
>------- Forwarded Message Follows -------
>From:          "Marx, Barbara" <BMarx_at_comdt.uscg.mil>
>To:            "'kcoplan_at_genesis.law.pace.edu'"
<kcoplan_at_genesis.law.pace.edu>
>Subject:       RE: Web Inquiry Email
>Date:          Wed, 9 Jun 1999 07:47:11 -0400 
>
>
>Mr. Coplan, vessels operated by oars or paddles always have the right of
>way.  It would be extremely difficult to move a "human powered" vessel out
>of the way of a speeding vessel.
>
>Thanks for your interest.
>> -----Original Message-----
>> From:	Wysock, Mary LTJG 
>> Sent:	Monday, June 07, 1999 4:44 PM
>> To:	Marx, Barbara
>> Cc:	LaRue, Edward
>> Subject:	FW: Web Inquiry Email
>
Sea Kayak Italy http://www.seakayakitaly.com
tel. 650-728-8720 fax 650-728-8753
bkossy_at_igc.org
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From: <dmccarty_at_us.ibm.com>
subject: Re: [Paddlewise] USCG response on Rules of the Road
Date: Sun, 13 Jun 1999 13:03:34 -0400
Finally found my boating information from Florida.  Its pretty bad when you have
recently seen something that you had not seen in years and then NEED it but
can't find the stuff!

Florida and North Carolina regulations state that human powered vessels have
right of way over power boats unless the power boats are in a state of limited
manuverability.

I was hoping the information I had from when I was in Florida was from the USCG.
Alas not.  I have not been able to get into the USCG site.  I was informed in
email that the site was turned off due to hacking attacks.

I know someone who is responsible for boating safety in the state of Florida.
I'll try to get in contact with him to see if he can reference the USCG rules on
who has right of way.

Hope this helps....
Dan McCarty


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