[Paddlewise] Rules of the Road (Long)

Two years ago I send a query to the US Coast Guard (USCG) and someone from 
their headquarters responded.  As I read it, the USCG feels we are not the 
same class as motor vessels, but the law doesn't say that we have any extra 
privilege.

Brian Blankinship 

  RE: USCG Web Inquiry Email

   Your question, and similar questions on the same subject, (all
received during the past week), generated a high level of discussion and
research here. Despite that effort, no definitive, legal authority has been
found to give us a clear answer. 

Only one source emphatically stated "Vessels propelled by oars, paddles, or
other human or animal powered means are not included in the definition of
"Power-driven" nor are they covered in the Steering or Sailing Rules-use
Rule 2." Unfortunately, no one here knows what "authority" he was citing to
make that proclamation. Despite the absence of a legal decision, his point
of view was felt to be the most appropriate way to handle these boats.

Our Division of Maritime and International Law could find no publications or
case law on the subject. They noted:
   1. Nothing exempts a vessel under oars or paddles from the rules.
   2. A vessel under oars or paddles does meet the definition of a
"vessel."
   3. It is "clear that a vessel under oars or paddles is NOT a
power-driven vessel as defined in Rule 3."
   4. Rule 25(d)(ii) provides that they "may" use the same lights as a
sailboat, or "shall" have a [flashlight] or lantern. This does not make
them equal to a sailboat under Rule 18, but does show they are classed apart
from power-driven vessels.

They concluded that "unless the context requires otherwise, where a rules
states a "vessel" must or may do something or refrain from doing something,
it applies to ALL vessels..." "Where one of the rules states "a
power-driven vessel" shall or may do something or refrain from doing
something, it does NOT apply to a vessel under oars or paddles." Finally,
"it would be incorrect to conclude that the rules of the road require
vessels under oars or paddles to "yield to" (keep out of the way of) all
other vessels..." only because they are not mentioned in Rule 18. 

They also felt that where a rule did not require action of a "vessel" Rule 2
was the one to use.

One of our IMO representatives has held all along that all the rules put the
burden to "keep out of the way" on the faster and more maneuverable vessel.
While most boats under oars are certainly maneuverable, I don't think many
can be expected to get out of the way using their speed.

I'm sorry we have not found a definitive answer to this question. Because
the Rules exist to help avoid collisions, use of Rule 2 puts the
responsibility on each vessel to take appropriate precautions based on
"ordinary practice", and the "special circumstances of the case," including
the "limitations of the vessels involved."


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