The response of the Coast Guard LTJG is actually good for something: It provides a defense if the CG ever stops you and tries to cite you for an ROW violation that is not a violation based on the email. Beyond that, I utterly fail to see how anyone can glean anything about ROW crossing rules for human-powered craft from the face of the CFR -- it is just not there. The only rule that seems to apply is the rule for "overtaking": at least they can't climb over your stern. Any admiralty lawyers on the list? Maybe there is some case law? Ken Cooperstein *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net Website: http://www.gasp-seakayak.net/paddlewise/ ***************************************************************************
-----Original Message----- From: Kenneth Cooperstein <cprstnc1_at_optonline.net> To: paddlewise, paddlewise <PaddleWise_at_lists.intelenet.net> Date: Wednesday, June 02, 1999 5:00 AM Subject: [Paddlewise] Rules of the road <Snip> >Ken wrote: >This is less of a problem for paddlers -- who move at 3 knots -- than it >is for rowers -- who can zip along at 12 knots. When paddling and >concerned about a larger boat, I just stop until the danger passes. > Many proponents of rowing adhere to a myth that sleek sculls and shells are twice as fast as paddle powered craft. (Here it is four times as fast). Twelve knots is the realm of an 8 oared racing shell not any singles or doubles rowing sculls even if they are raced by Olympic caliber rowers. I don't know where this fantasy got started but I have read it now several times. Given the same hull, a rowing craft (using a sliding seat and outrigger oarlocks as racers do) has a several percent advantage in top speed over a short distance because a rower can apply more of his or her large muscle groups (more specifically the thighs and back) to the task than a paddler of equal strength. Olympic and world records (weighted for distance) show a ten to twenty percent speed advantage to oar powered craft over kayaks and another eight or nine percent advantage over canoes. The kayak and canoe classes have limits on their maximum hull length and minimum width requirements that the rowing classes don't share. Kayaks and canoes could be even narrower and use the optimum hull length for each crafts available power if not limited by the rules. This would make them a little faster but they would still not be quite as fast as rowing sculls. Based on Olympic records, sculls (each person uses two oars) are about two to five percent faster than shells (each person uses one oar), shells are eight to thirteen percent faster than kayaks and kayaks are eight or nine percent faster than canoes. The reason that rowing boats have such a big problem is not so much greater speed it is because they don't look where they are going. Personally I look for areas where many powerboats are funneled together in a narrow channel and have a high density (and a 7 or 8 knot speed limit). That way I don't have to wait so long to catch another ride on a good wake. I worry about the fumes I sometimes have to breathe though. Matt Broze > > >*************************************************************************** >PaddleWise Paddling Mailing List >Submissions: paddlewise_at_lists.intelenet.net >Subscriptions: paddlewise-request_at_lists.intelenet.net >Website: http://www.gasp-seakayak.net/paddlewise/ >*************************************************************************** *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net Website: http://www.gasp-seakayak.net/paddlewise/ ***************************************************************************
The only rule I see that might apply is 17(b) -- which says tht the right of way vessel must take measures to avoid collision where action by the burdened vessel alone would be insufficient to avoid collission. Aguably, that rule might apply where a slowly moving kayak is being approached at rapid speed by a runabout or a jet ski. This would have to be determined on a case by case basis. Otherwise, I agree, there is nothing in the rules that in general appears to give paddle powered vessels rights over motorized or sailing vessels. 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 *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net Website: http://www.gasp-seakayak.net/paddlewise/ ***************************************************************************
Here is what I found at the North Carolina Wildlife Resource Commision Site, http://www.state.nc.us/Wildlife/Boating/ncvpart3.html#Operation of Vessels. My understanding is that the states follow USCG regulations when it comes to navigation, safety issues, etc. I know there are issues about where does the USCG vs local/state law enforcement have jurisdiction. Part of what I heard many years ago in Florida, and I don't know if it was every resolved, was the if you could float a boat it was navigable waters. If it was a navigable water then the USCG had jurisdiction. Of couse so did the local/state agencies. The "rule" was if it was fresh water the USCG did not want to get involved. It became interesting when the intercoastal waterway was an issue. Hope this helps.... Dan McCarty ---------------------------------------------------------------------------------------------------------------- Rules of the Road Safe navigation is very largely a matter of boating courtesy, or the observation of the "golden rule" in marine traffic. Certain navigational "rules of the road" should be understood and adhered to by those who share the use of our public waters. Observance of the "rules of the road" is required by North Carolina law, and failure to observe them is imprudent and could constitute reckless and negligent operation.. Meeting When two watercraft approach each other from opposite directions "heads on", each must alter course to the right to avoid collision. If the two watercraft are far enough to the left of each other so that no change in direction is needed for safe passage, both will maintain their course and speed to pass clear. Crossing When two watercraft approach each other at an angle, the one on the right has the right-of-way and the other must stay clear. Restricted Maneuverability Sailboats not under power and boats propelled by oars or paddles have the right-of-way over motorboats except in an overtaking situation where the vessel being overtaken always has the right-of-way. Small pleasure craft must yield to large commercial vessels in narrow channels. Passing When one watercraft overtakes another going in the same direction, the craft being overtaken must maintain course and speed, and the passing watercraft must keep a sufficient distance to avoid collision or endangering the other craft from its wake. Speed and Control All watercraft must be operated at reasonable speeds for given situations and must be under the complete control of the operator at all times. Danger Areas Watercraft passing close to swimming areas, moored boats, or boats engaged in fishing, servicing buoys or markings, or similar activities, must reduce their speed so as to prevent their wash or wake from causing damage or danger to swimmers or other occupants of the area or other watercraft. *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net Website: http://www.gasp-seakayak.net/paddlewise/ ***************************************************************************
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