Re: [Paddlewise] Kayak Visibility

On Mon, Jun 23, 2008 at 7:00 AM, Martin, Jack <martin.jack_at_solute.us> wrote:

> From 30 years of "practical factors" in the Navy (US), I'd like to
> suggest two additions to Craig's list factors involved in kayak
> visibility.


Jack Martin's cogent and thoughtful reply deserves further discussion.


> That leads to another suggested addition: the ship may paint you on
> radar, the captain or crew may see you, but they may not be able to
> avoid you.  (See right of way being a relative term, above.)


I have discovered that kayakers generally display an ignorance of the Rules
of the Road (http://www.navcen.uscg.gov/mwv/navrules/rotr_online.htm for the
USA) rivaled only by jet ski operators. If you, as a kayaker, are shocked by
that statement then please read on.

In the USA (at least) there are two regulatory agencies which define the use
of waterways; the Federal Government in the form of the USCG and individual
state police departments. It turns out that the rules of one don't exactly
match the rules of the other. Some states have seen fit to alter the Rules
when applied to inland waters not under the regulatory authority of the
USCG; these are generally inland lakes and rivers not considered to be
"navigable".

Under USCG Rules (Rule 18, read it) there is no such thing as a kayak (or
any "hand-powered vessel") having automatic right-of-way over any other
vessel. So if you've been operating under that assumption as you paddle in
and out of your harbor then you have been operating under a mistaken
assumption. (In fact, you might actually have been liable for a violation of
the USCG Rule 13... see below.)

Some states specifically *do* give automatic right-of-way to hand-operated
vessels in their own rules. But if you've read this and applied it to your
paddling, please remember that if you are paddling on waters under authority
of the USCG those individual state laws are not applicable.

Confusing, huh?

It gets worse. Under USCG Rules a hand-operated vessel moving on the water
at night must only carry a light with which to signal another vessel in the
event of a collision. A mounted light of any sort is not required. But
several states *do* require one. Specifically, and especially in the
Northeastern USA, there is a requirement for a white light visible for two
miles all around be displayed from kayaks, canoes and rowboats while being
operated at night on lakes and rivers not under USCG jurisdiction.

So, what do you do? If you're a prudent paddler you'll google for the
boating rules for your state and for any state you visit as long as you
remember that these state rules only apply to waters which the USCG does not
have authority upon. In general, if there are buoys and navigation aids on
the water then it's likely that the USCG Rules apply. If it's an inland lake
(like Moses Lake - where I live) then it's likely that the state laws apply.
If you don't know, and get into an accident then you could be held liable
for causing the accident or have confusion during the investigation of the
accident which denies you justice (see Sea Kayaker Magazine for June 2008).

There are several USCG Rules which I believe are often ignored by kayakers.
One is Rule 5 which I'll quote here:

"Every vessel shall at all times maintain a proper look-out by *sight and
hearing* as well as by all available means appropriate in the prevailing
circumstances and conditions so as to make a full appraisal of the situation
and of the risk of collision."

If you love to paddle listening to your ipod then you are violating Rule 5.
'Nuff said.

Another is Rule 9, the applicable part of which I'll quote below:

"(b)     A vessel of less than 20 meters in
length<http://www.navcen.uscg.gov/mwv/navrules/pops/def_3ij_length_bredth.htm>or
a sailing
vessel <http://www.navcen.uscg.gov/mwv/navrules/pops/def3c_sail_vsl.htm>shall
not impede the passage of a vessel which can safely navigate only
within a narrow channel or fairway."

What this means to you is probably different than what it means to the
tugboat operator with a tow or the pilot of a ship. In simple terms, you
have no right-of-way whatsoever over a ship operating where it cannot safely
maneuver to avoid you. That means, given where most of us paddle kayaks,
virtually everywhere. It takes a mile to stop a ship and it can take much
longer to stop a tug and tow. While this probably doesn't apply to other
pleasurecraft, it can under certain circumstances; such as within a marina
and especially if the powerboat in question is large (over 20 meters).

What rights do you have as a paddler? Basically no rights that any other
pleasure power boat has. (If you have a sail up then that changes things,
however.) Because we don't paddle as fast as power boats can move, the Rule
most violated by *them* is Rule 13 which covers "overtaking". Part "d" is
quoted below:

"d)     Any subsequent alteration of the bearing between the two vessels
shall not make the overtaking vessel a crossing vessel within the meaning of
these Rules or relieve her of the duty of keeping clear of the overtaken
vessel until she is finally past and clear."

This means that, for a power boat operator approaching your kayak from the
rear, nothing you do can relieve that operator of the duty to keep away from
you until it is well past and "clear". This Rule once had a clause which
said that the vessel being overtaken must maintain course and speed but that
no longer applies (although many people often "remember" it). I still don't
think it's wise to paddle up the middle of the Range, but if you stray into
the channel pleasure boats approaching you from the rear must stay clear.

In closing, I'd like to mention one more often misunderstood "rule": smaller
vessels have the right-of-way over larger vessels. This is absolutely NOT
true under USCG Rules but it may be true in some states on waters not under
USCG authority. I would advise never operating under the assumption that
it's true, however.

Caveat boater,

Craig Jungers
Moses Lake, WA
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