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

On 7/31/07, Mark Sanders <sandmarks_at_ca.rr.com> wrote:
>
> If you watched my video from Sunday, you'd have seen that many motor
> vessels
> don't seem to realize us kayaks have the right of way. I had to go out and
> demand my rights!
>
> Surprisingly enough, kayaks don't automatically have the right of way. At
least not in the USA on waters controlled by the USCG. Only Rule 25
(concerning lights) of the USCG Inland and International Rules of the Road
addresses vessels powered by oars. There is no absolute Federal rule that
gives right of way to kayaks, canoes or rowboats. There are, however, some
State boating safety regulations which do (Oregon and Washington do, for
instance). These state laws probably only apply to waters which are not
under the jurisdiction of the USCG (mainly lakes and rivers not used in
international commerce).

So, essentially, you have no rights other than those under the regular Rules
of the Road and those given under "spcial circumstances" of Rule 2. Time to
go learn what they are!  :)

A vessel propelled by oars might fall under the rule 12 (Sailing Vessels)
since a kayak is allowed to display the same lights as a sailing vessel of
similar size but there is no specific Rule giving the right of way to a
kayak.

Notwithstanding that, if you are a "stand on" vessel by the Rules, then you
must continue your course and speed until such time that it is obvious that
the other vessel is not going to avoid the collision. If you give way too
soon and an incident does occur, it's possible that you would be liable. If
you give way too late then you could be dead right.

This web site makes remarkable reading:

     http://www.navcen.uscg.gov/mwv/navrules/rotr_online.htm


Craig Jungers
Royal City, WA
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