SailNet Community - View Single Post - Close call! Who had rights?
View Single Post
post #44 of Old 11-01-2012
jackdale
Senior Member
 
jackdale's Avatar
 
Join Date: Dec 2008
Location: Calgary, AB, Canada
Posts: 9,032
Thanks: 27
Thanked 59 Times in 56 Posts
Rep Power: 7
 
Re: Close call! Who had rights?

Quote:
Originally Posted by L124C View Post
Interesting.
In court, I would think the issues would be:
1. Was your engine running (In neutral, forward or reverse)?
2. Was it capable of propelling the vessel (functioning properly)?
3. If no to #1. - Should it have been running to avoid the collision. I.E., in the OP, both vessels were in close proximity to many vessels, both without anchors or sails. IMO, not having the motor running and ready would have been negligent, and certainly would have resulted in a collision.
4. If yes to #1 and #2 - Why wasn't it used (put in gear) to avoid the collision?
Using the "must be in gear" theory, what if both skippers in the OP admit their engines were running, but were in nueturl....then what? It's very likely the witness's on both boats could testify that the motors were running, but few, if any, other than the skipper would know if it was in gear.
In fact, my transmission was in neutral, and I put it into reverse with full throttle to avoid the collision. Did I make myself more liable by taking that evasive action, thereby becoming a power boat?
Seems like a silly distinction to me.
Rule 2 and 17(b) are still in effect.

__________________
ISPA Yachtmaster Offshore Instructor Evaluator
Sail Canada Advanced Cruising Instructor
IYT Yachtmaster Coastal Instructor
ASA 201, 203, 204, 205, 206, 214
As I sail, I praise God, and care not. (Luke Foxe)
jackdale is offline  
Quote Share with Facebook
 
 
For the best viewing experience please update your browser to Google Chrome