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." *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************
I skimmed the Coast Guard navigation rules that someone posted a link to the other day, and the closest thing to paddling was a mentioning of boats under oar and only in reference to lighting. I also checked Connecticuts boaters guide at: http://dep.state.ct.us/rec/boating/boaters.htm and same thing. The only pecking order they give is: Vessels not under command Restricted by ability to maneuver Fishing Sailing Power Driven A kayak is pobably the most maneuverable of vessels, limited only in speed. I don't see how in my classes they could claim that kayaks are at the top of the pecking order, unless they imply that we throw down our paddles and claim we are a vessel not under command. I guess the rules of gross tonnage, trying to be seen, and common sense are the most important rules to follow! If anyone sees in writing anywhere claiming a kayak is towards the top of the pecking order, please let me know. I would hate to see that my class is telling me a fib! >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. _________________________________________________________________ Chat with friends online, try MSN Messenger: http://messenger.msn.com *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************
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