Surfski Knowledge Base

(the article mentioned is no longer available, but the following discussion is still worthwhile)

Reivers Dustin
02/07/11 #9993

Following is a post over on MIPP yahoogroup:
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From: mipp@… [mailto:mipp@…] On Behalf Of John Abrahams
Sent: Saturday, February 05, 2011 3:11 PM
To: mipp@…;
Subject: Kayaks and Right of Way

Greetings from the North Shore,

Here is an article from the latest issue of Kayak Angler that harkens back to a topic that we've discussed before. Kayaks, surf skis, outriggers, doesn't seem to matter, we're often overlooked on the water. I've had three extremely close calls myself over the past decade.

Will be interesting to follow.

http://www.kayakanglermag.com/features/922-kayak-right-of-way-dead-wrong-contends-attorney.html

Mike Gregory are you out there? Sound familiar?

Stay alert out there.

John

Michael Gregory
02/07/11 #9994

It is unwise to expect that power boaters notice a kayak, period! Mike.

Dale McKinnon
02/07/11 #9999

I agree with Mike. And I would extend the caveat to ALL boats with decks greater than three feet above the waterline. I had an encounter with a yellow sailboat, under full sail and partygoers, on a port tack at the Wall, skippered by a young man with a thin veneer of experience. The boat missed me by a foot, with words to the young skipper who claimed “right of way.” Unfortunately, as a result of his inexperience he, his dog, and a friend died along the Wall a year a later.

But the fact is, forward visibility is limited in boats where the driver sits amidships or aft, particularly in planing hulls, but even in sailing craft. It is simple geometry. Unfortunately, it is a geometry that doesn't mix well with inexperience, alcohol, or attitude.

Who has knowledge of maritime definitions in the State of WA.

Shane Baker
02/07/11 #10005

I have been run over more by other paddlers than power boats. However, up 'til about 10 years ago I used to carry a loaded pistol type flare gun on the deck of my surfski and kayak. Once while paddling around Fox Island I fired it directly at an advancing powerboat which had altered course to aim directly at me. I wanted to set the b_ on fire but the flare went over the boat (would that be considered water rage?). The driver was aware of my position following that action. Another instance occurred on Long Lake in Port Orchard when a jet ski ran into me. The driver was towing a skier and looking backwards. She had the nerve to tell me that she had the right to do 40 mph inside the No-wake zone buoys about 20' from shore. She was supposed to have a spotter on board so she could concentrate on looking forward. I tried to get the Sheriff Department out to investigate but they were too busy (coffee with that donut, sir?). No flare gun that day. I could have set the b__ on fire at close range. Burn baby, burn! These days when I order a new boat and lime green is a color option, I order it. Clear carbon colored boats are my favorite, but disappear on the water. You know size matters but in a lot of cases alcohol, a lack of common sense and in-experience are probably more to blame than any other reason for boating accidents where paddle and rowing craft are run down. The Washington State Boaters Safety card is a complete joke. Imagine getting a license to drive an eighteen wheeler over the Internet. It is so easy to get a card to operate a water vehicle capable of killing. Maybe I have grumbled enough. In two weeks Mike G and I are off to SF to do the two day Wavechaser races. I'm going to race the ski one day and the outrigger the next. Should be fun. Oh yeah, Lampi has posted pictures of the La Conner Race on SR's website.
Shane.

Dale McKinnon
02/07/11 #10010

Shane, you're a man after my own heart. You are not the only to fire a flare at a boat. I set one on fire (“Harry, Harry, the boats on fire!), fortunately in Canadian waters. It was a zen shot, consciously fired as a warning (too late), but on reflection, obviously guided by divine desire to sink the SOB.

A flare gun is also a great defensive tool against staggering lustful blind drunks on Port Hardy docks, brown bears in Alaska (aim at the ground between you and the bear or drunk), angry sea lions attacking your boat, river otters marking your camp site, strange men in speedos that shouldn't be in speedos (just checkin to see who's awake), and it also is an effective fire starter of damp wood. You can also McGiver a flare shell by carefully cutting it open and sprinkling a very thin line of powder as a seam to join two pieces of goretex. As you probably know, you do most anything to entertain oneself in the wilderness…

Seriously, tho… Carry two flare guns, one with white flares for defense and red for emergencies. The plastic 12 gauge guns/flares work just fine… And NEVER shoot a magnesium flare at anyone or anything. Speak softly, get yourself out of the way if you can, but be packin'.

Reivers Dustin
02/08/11 #10019

Informed response posted on world-wide surfski yahoogroup:

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The prosecution in the article relied on NY State law. You should know the right of way laws in your state.

The International law, enforced by the USCG is the COLREGS. Paddlers fall under the category “boats with oars.” As such, we do NOT have right of way over ANYTHING by boat class. The only right of way we have are the basic “rules of the road” just like any other vessel out there. We also have the SAME RESPONSIBILITY in those rules of the road. For the most part, they follow what you would expect driving a car but there are obvious exceptions such as being overtaken. You need to know your responsibilities in this case, both as the overtaking and the vessel being overtaken.

Paddlers are not required to yield to sail boats as a class. But since sailboat operators THINK everyone has to yield to them, it makes sense to do it anyway. We are required to yield to certain classes of vessels, those with limited maneuverability. We must yield to boats that are restricted to channels,dredges, commercial fishermen etc.

Everyone is required to keep a proper lookout and everyone is required to do what is necessary to avoid collision. Violation of those requirements is what they should have prosecuted the motor vessel operator for, as a prelude to involuntary manslaughter.

The paddler should have been aware of the second most important law: The law of gross tonnage: the big guy is going to win, and that usually is not us. While this is not a legal precedent, the paddler is just as dead.

Like many of you I like surfing the wake the big boys produce. But we want to avoid the reputation of the jet-ski crowd. We need to paddle responsibly, and act in a manner that the power vessel operator can predict.

If you make an ocean-going cargo ship maneuver to avoid you, you are wrong. Since the law requires them to take steps to avoid a collision, and they may have to take those steps from a considerable distance away for it to have any impact (think stopping a freight train on ice) you can interfere with their navigation long before YOU think it is a problem. Now apply that same theory to smaller craft and you can see we have the responsibility for proper seamanship, just like everyone else.

Incidentally, the only reference to “boats with oars” in the COLREGS is dealing with light and sound signal requirements. I have checked with the USCG lawyers on my understanding of the rules as I teach this professionally and for the local kayaking club, the Chesapeake Paddlers Association.

Brian

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Reivers adds: many do not fully grasp the physics of large vessel behavior. For example in San Francisco bay most multi-tonnage must pilot at high speed in order to maintain helm in those currents. It would take them several miles AFTER they apply full reverse power in order to halt velocity. Here's the treat: your visual accuity does not clearly identify their path or velocity. You can't accurately see their keel-line. Also, their course corrections are again 'macro-physics' compared to paddle-craft. (They are doing things miles before involving vessel rotational inertia, windage, current, ship-to-ship, rudder pressure, screw rpm, etc.)

John Dye: can you offer any more since you've got an association with one of the fast ferry drivers down there? (or did you guys finally really piss her off?)

rd