Re: [Paddlewise] How to ruin a perfectly good paddling day...

On 7/30/07, Michael Daly <michaeldaly_at_greatlakeskayaker.ca> wrote:
>
> Craig Jungers wrote:
>
> > There is a discussion about this incident already and most responders
> are
> > indicating that a kayak must display a light visible for two miles.
> Perhaps
> > this is state law. It's not US law and as far as I know most state laws
> > mimic the US laws in this regard.
>
> I don't know the laws of your country in any great detail, but according
> to Chapman (Piloting, Seamanship & Small Boat Handling) it is US law
> (Federal Boat Safety Act of 1971 according to my 1975 edition).  That's
> where I learned it formally decades ago.


Your Chapman's seems to be different from mine (1981). Mine says that a boat
propelled by oars "may" show a white 135 deg light visible for 2 miles but
also says "need only have a flashlight or lantern to show white light." US
law Title 33 Chapter 34 Subchapter I, Part C, Paragraph 2025, D, ii states:
"(ii) A vessel under oars may exhibit the lights prescribed in this Rule for
sailing vessels, but if she does not, she shall have ready at hand an
electric torch or lighted lantern showing a white light which shall be
exhibited in sufficient time to prevent collision." Perhaps it was different
decades ago... but I don't think so.

A kayak may have but need not have navigation lights to operate at night but
the paddler must have an appropriate light. Note that an all-around white
light would probably not be legal in the USA as that generally indicates an
anchored vessel. Also, it's quite likely that a 135deg white light on a
kayak without appropriate 120 deg red/green bow lights would be illegal.

Since USCG regulations are taken directly from International requirements, I
would expect much the same in Canadian waters.

I don't know whether this applies to lakes.  I know in Canada, national
> marine law applies to all "navigable waterways."  The administration of
> the law is delegated from CG to provincial police to municipal police as
> appropriate.
>

In the USA a waterway is a part of navigable waters under certain defined
conditions. (See 33 CFR Part 329.) In this particular case Lake Winipisaukie
(sp?) has been defined as *not* under the authority of the USCG by a federal
court decision that spelled out the state's authority to require
registration numbers on documented vessels operating on that lake.

So Lake Winip-whatever is covered by the appropriate laws of that Vermont
which happen to specify the exact same requirements as required by the USCG.


Craig Jungers
Royal City, WA
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