Sea Pigs Attack! - Page 4

sailingdog · #31 (**permalink**) 05-09-2008

Actually, the way I read that is that the dinghy can't have an engine of greater than 10 HP... I don't believe it is written to exclude sail-powered or human-powered craft... just to limit the size of the engine that can be on a tender. Sails are less than 10 HP, as are oars.

Quote:

Originally Posted by hphoen

Good point! I'd use that excuse, too, if pulled over!

I thought I remebered reading about this, and I tracked it down. John Pollard has done all the research. Snip from his post in a different thread,

http://www.sailnet.com/forums/genera...istration.html

==========================================
As a follow-up to my previous post, this is what it says in the FAQ section of the USCG Vessel Documentation Center:

Quote:

IS THE VESSEL TENDER DOCUMENTED?

Documentation of your vessel does not cover the vessel's tender or dinghy. These craft fall within the jurisdiction of the motorboat numbering laws of the state of principal use. Please contact your state agency that handles the registration or numbering of motorboats for further information.

HOWEVER, this is what the Code of Federal Regulations at Title 33: Navigation and Navigable Waters, has to say:

Quote:

§ 173.13 Exemptions.

Where the Coast Guard issues numbers, the following classes of vessels are exempt, under Section 12303 of Title 46, United States Code, from the numbering provisions of Sections 12301 and 12302 of Title 46, United States Code, and this part:

(a) A vessel that is used exclusively for racing.

(b) A vessel equipped with propulsion machinery of less than 10 horsepower that:

(1) Is owned by the owner of a vessel for which a valid certificate of number has been issued;

(2) Displays the number of that numbered vessel followed by the suffix “1” in the manner prescribed in §173.27; and

(3) Is used as a tender for direct transportation between that vessel and the shore and for no other purpose.

So the exemption, if it exists at all (??) would only apply to a motorized dinghy of less than 10hp.

breadmeister1 · #32 (**permalink**) 05-09-2008

same happend to me in culebra, puerto rico got stopped by DNR police and was going to get ticketed for not having a proper registration on my dinghy even so it was t/t to my boat and my boat is BVI registration, after this was cleared up with my bad spanish he proceded to give me a ticked for not having o proper life west on board, even so i had 2 US coast guard approved full life jacket, he said federal law does no apply in PR and these are not approved in PR and I would have to pay, i said fine give me the ticket and i will go court, once he saw that i was not an easy pushover he said would let me go if i would leave. was there another week never saw him again and had no more problems.

Ralph

LittleMissMagic · #33 (**permalink**) 05-10-2008

Quote:

Originally Posted by HamptonMorgan22

"and the dinghy was marked as the T/T for a larger documented boat."

Obviously a 10cat is not a dinghy for a yacht, and was not properly registered or there would not have been a ticket written.

The 10' catboat in question is in fact the tender for a larger custom sloop. The sloop is over 50' LOA and routinely lifts the catboat out of the water with a davit.
As for supplying false information this did not happen.
The dinghy was en route to shore at the time, in a calm anchorage where there are regularly people in rowing dinghys, kayaks, sunfish etc.
As for the LAW on registration this was changed just last year. Along with the fee schedule that increased my registration costs over 150%. Without some sort of notification from the state, how are you supposed to know to register a dinghy. Especially when you are under the impression that you are legal under documentation procedures.
I would like to apologize for the gestapo references. This isn't the same as concentration camps, it may be more like the taxation without representation that our forefathers fought against during the American Revolution.

erps · #34 (**permalink**) 05-10-2008

It wouldn't hurt to complain to the officer's police chief. There is a balancing act that law enforcement has to achieve in their law enforcement style. Rookies who haven't found their place yet can be over zealous and it can hurt the relationship between the agency and the community they work for. An agency is not doing their job if they have even good citizens pissed off at them because of excessive enforcement or they look the other way and allow the criminal element to flourish. A good chief will listen to feed back from the community whether it's warranted or not and use the good judgement he was hired for to make adjustments.

hellosailor · #35 (**permalink**) 05-10-2008

"how are you supposed to know "
Some agencies actually send out letters or post cards. Some states actually make a big deal about press releases in December regarding "changes coming on January first!" for various laws.
And then, perhaps there's a reason Alabama is considered a backwards redneck state held in some derision and scorn by other states. In other places, they issue warnings for 2-3-6 months, and THEN start enforcing the new laws, to give the rubes, ergh, taxpaying honest citizens, a chance.

Might pay to give the judge a somewhat more diplomatic version of that, and point out that while ignorance is no excuse, you ought to at least be given fair warning when the rules are going to be changed!