RE: [Paddlewise] Kayak Navigation Lights

From: Paul Hayward <pdh_at_mmcl.co.nz>
Date: Fri, 26 Mar 2010 15:20:19 +1300
> Obeying the strict Rules keeps your legal liability low 
> and also keeps you from being seen as a target 

Craig - I was endeavouring to show that kayakers choosing to use one of the
currently available lights _were_ doing just that ! Obeying the strict
Rules. Not by changing or stretching them - just by following them as
written.

You originally said that such a light could only be used when anchored,
whereas it clearly is legal when underway (for a certain class of vessel).
So, your hypothetical case - of a skipper needing to take evasive action
because a supposedly anchored vessel was moving - is just not true. Any
skipper should be aware that a moving all-round white light may (quite
legitimately) be a slow-moving vessel.

You say that "doesn't change the fact that the light is not authorized for
kayaks", but I beg to differ. It is just not required - as it is for a small
& slow power-boat.

On a small sailboat or a 'vessel under oars' (VuO), a 'lighted lantern' (not
just a lantern) shall be 'exhibited in sufficient time to prevent a
collision'.

What part of this forbids you from displaying it continuously ? How will you
reprimand a skipper for 'exhibiting' too early ? Surely in the absence of
any limitation on 'in sufficient time' - he has a right to be as cautious as
he feels appropriate ?

You have several times referred to regulations for car headlights. Some
jurisdictions require daytime 'headlights'. Most jurisdictions don't. I have
never struck one where daytime headlights are illegal or would be considered
to increase liability.

I hope we are not disagreeing over whether a kayak is a 'vessel under oars'
(VuO)? Our authorities are quite sure that a kayak is a VuO for purposes of
the CollRegs. I thought that this also held true elsewhere - but maybe not ?
The USCG does seem to accept kayaks as VuO in Pt 13 of their NavRules FAQ.

As an aside, this 'VuO' category has traditionally covered one, two &
many-man craft as well as those who scull over the stern with a single
oar... Some rowers stand up and some even face forward. So the fact that a
canoeist or kayaker uses but a single shaft is no reason to exclude kayaks,
canoes, coracles, etc. 

Given an environment where a kayak is deemed a VuO, I cannot see how
choosing to use a light continuously is in any way misleading or dangerous -
practically or from a standpoint of increased liability. It is not required
under the CollRegs - but I fail to see where it is either forbidden or
deprecated... 
	
Best Regards
Paul Hayward, Auckland, New Zealand
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Received on Thu Mar 25 2010 - 19:21:03 PDT

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