Re: [Paddlewise] Kayak Navigation Lights

I had to pause and think about the light issue. It's clear to me that many
paddlers want a light even though it's not required. Some think it is
required, of course, but even some of those who recognize that it's not
required still want to use them. Even if there are (or may be) legal issues
with using them. So why was I being such a strong advocate for strict
compliance with the Rules?

My history as a merchant marine officer and sailboat cruiser could account
for it. Maybe I was just slavishly paying attention to a set of rules that
were no longer pertinent to the modern situation.

Do I think that the ColRegs are likely to be changed in light of so many
paddlers out there at night using lights that do not strictly conform to the
current version of the Rules? Yes. It's quite likely that some wording to
clarify what "under oars" means will come along whenever the various
governments get together to do it.

The two points of thought on this issue seem to be:

A) Obeying the strict Rules keeps your legal liability low and also keeps
you from being seen as a target; and,

B) Putting a light up makes you safer because other boaters will see you and
doesn't cause any harm.

I fall into group A), obvously.

At any rate, I still feel that the Rules - which professional mariners are
supposed to learn (even though retired ones may forget some of the specifics
now and then) are worth paying attention to.  And this, conveniently, means
I don't have to shell out any money for a kayak light.

On Wed, Mar 24, 2010 at 6:39 PM, Paul Hayward <pdh_at_mmcl.co.nz> wrote:

> Craig & Others
>
> Don't get too excited about the legal consequences of a moving white light
> -
> you just haven't remembered the rules correctly ;-)
>

Actually, the "legal" consequences don't change. Just my illustration of how
a paddler might get into trouble.

>
> A single white all-round light is, as you say, good for an anchor light.
> However, it is also good for a powered vessel underway - if that vessel is
> under 7m and incapable of exceeding 7 knots.
>

I had thought I remembered this part of the Rule and looked for it but
didn't find it.


> So, the concept of a slowly moving small vessel being marked by a white
> light is absolutely valid. The leap to using this on a kayak (or on a
> row-boat or small sailing craft - under 7m) surely comes down to the
> definitions of 'exhibiting a lighted lantern' and 'in time to prevent a
> collision'.
>

Yes, but it doesn't fit the definition of a vessel being propelled by oars.
While this makes my point about a moving white light somewhat moot, it
doesn't change the fact that the light is not authorized for kayaks. If
there were not an explicit Rule dealing with a vessel propelled by oars you
would be on more solid legal ground. But there is.

>
> I see no issues with choosing to do the same in one of the 'un'-powered
> small craft. You can never be accused of failing to display it in time -
> and
> at worst you may be confused with a small (and slow) powered vessel
> underway. Or, of lesser concern, you might be confused with a row boat or a
> small sailboat.
>

The only issue would be liability. If you, as a paddler, get into any sort
of kerfuffle with another vessel and are not in accord with the letter of
the Rules the liability in the situation could be shifted; and not in your
favor.

In many states of the USA there are traffic laws which mandate the use of
headlights when visibility is limited (fog, blowing sand, etc.) but which
also forbid the use of parking lights in that situation. Nevertheless, many
drivers use their parking lights instead of headlights in the situation and
those who get into accidents can find that the issue makes a difference when
assigning blame for the cause of the accident. (The theory is that parking
lights, being smaller, distort the apparent distance the vehicle is from a
viewer.)

>
> It seems low-risk and manageable - you are visible as a slow-moving
> obstacle.
>

Just not in strict compliance with the ColRegs.

>
> The only drawback to being indistinguishable from a small powered vessel is
> in the right-of-way rules. I've never figured out how two vessels - one
> powered & one sailing - both legally showing a white all-round light or
> lantern are going to work it out. I guess the cases just don't make the
> front pages ;-)
>

A sailing vessel in these circumstances is supposed to shine the light on
the sails to show that it is under sail.


Craig Jungers
Moses Lake, WA
www.nwkayaking.net
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