Insult to recreational Boaters?

[Marin]

§ 83.16 Action by give-way vessel (Rule 16):
Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.

"So far as possible" allows a lot of latitude.

They can do whatever they please, as long it's early, substantial, and they keep well clear. That prohibits tacking in front of you.

Not necessarily. The powerboater will not know what the sailboater is dealing with. Perhaps if they continue on course they will get into shallow water. Perhaps somebody on board just suffered an injury. Perhaps they had their plan of action all figured out and then the powerboater came along, perhaps fairly quickly, and made a mess of their plan. The point is that it is impossible to make the statement "prohibits tacking in front of you." Because in the end, if they're under sail they have the regulations on their side in that phrase "so far as possible" and in Regulation 18a.

What the powerboater may view as irresponsible may not appear that way to the sailboater in a particular instance.

I personally think that powerboaters who force an issue because in their minds their interpretation of a situation gives them the right to do so are every bit as irresponsible as the sailboaters who do whatever they please, even if it's dangerous, because in their minds the regulations allow them to do it.

 

[Capecodder]

"

Well, not really. Rule 18a states that a power vessel shall give way to, among other things, a sailing vessel (under sail). There are some specific exceptions to this, but for the most part if a sailing vessel under sail tacks in front of you, even if you are the stand-on vessel, you need to give way to it. And since the sailing vessel is under sail, while they may be the give-way vessel, they can do what they please and are under no obligation that I see defined anywhere to continue their heading until the crossing has been completed."

Last summer I was leaving Boston Harbor running just outside the shipping channel in my slow trawler and had a sailboat at the last moment tack in front 2 times. (It appeared he was just doing it to be an a$$ from the smirk on his face) I gave way and eventually was past this Stand on Vessel, shortly later I heard a very loud "jet noise", I thought a airliner was crashing on approach to Logan Airport, It was the Boston to P town high speed ferry traveling about 35 knots, giving way to the Same stand on sailbote. I wish I had a video the high-speed ferry had reversed his motors so hard the bow was almost underwater. It was late in the day and I'll assume she had few passengers as many could of easily been injured. The sail boat was fine.

 

[psneeld]

Some problems with sailboaters (and I am one too) is too many times you can't arrange a decent crossing or overtaking situation because they don't respond on the radio.

Anyway...one that tacks across your bow close aboard, that doesn't really need to and makes no attempt to contact you or use their sound signal....well they aren't doing much to avoid a collision and are in violation of rule 2 at that point.

 

[Wxx3]

I did not think the article was too biased and in fact, sounded pretty objective.

I think what was unsaid, was the risk professional mariners take due to amateurs, through no fault of their own. In other words, when they run over the idiot in the ... who crosses right in front of them.

The bureaucracy has a tendency to find some fault with the professional no matter what the circumstance, and thus loss of employment and ticket, is a big fear.

 

[Tony B]

My understanding is that they changed it for the same reason we try to avoid "right of way". It's just not that simple.
Yes it is. Tony B

You are not "privileged".In comparison to the burdened guy I am. Whether you the "Burdened" / "Give Way" guy, call it what you like, you still have to "Give Way" is that not "Yielding"? Tony B.

You are OBLIGATED to maintain course and speed if you're the stand-on vessel. Yes,and so what is so difficult about not having to change the throttle setting? I don't have to do anything - that to me means I have the right of way. Compared to automobiles, try going down the highway when you have the right of way over someone entering the highway, and keep changing lanes and speed up and slow down. I'm pretty sure a cop will ticket you for that. Having the right of way still has it limitations. Tony B

This is the part of the rule that too many sail boaters don't understand. They have no "right" to cut in front of you, just because that's a convenient time to tack. Marin already addressed that point. Tony B

Both vessels have responsibilities to avoid a collision. This has nothing to do with who initially had the right of way. Same as motor vehicles. If a guy jumps a yield sign, the guy with the right-of-way does not have the right to cream him. A normal person would hit the breaks to avoid the collision. If they do in fact collide, the court system will decide who was at greater fault. The main difference between land and maritime laws in this instance is that in a land law suit, it's usually winner take all. In maritime lawsuits it's usually each party assessed to a percentage of liability. Tony B


The new language attempts to get that point across. I agree that it's difficult for new boaters to comprehend. It's so different from driving a car, where every single action is spelled out for you by signs, lights and lines painted in the road. On the water you need to use your brain and accept personal responsibility. Apparently a lot of folks aren't used to that.

Call it what you want. If I am the give way vessel, I have to yield to the stand on vessel. Simply put, if I am the give way vessel, I have to let the other guy go first.