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Go Back   SailNet Community > Skills and Seamanship > Seamanship & Navigation > Collision(In-Land Rules of the Road)
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Thread: Collision(In-Land Rules of the Road) Reply to Thread
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Topic Review (Newest First)
02-06-2011 03:50 PM
aa3jy
Quote:
Originally Posted by eherlihy View Post
So, do you plan to crew for this chucklehead again?

Was the owner of the vessel ever cited?
All references and quotes where made by another individual...not I...it was put out as a learning experience...
02-06-2011 09:33 AM
eherlihy
Quote:
Originally Posted by aa3jy View Post
Final determination and settlement..

"I just received good news yesterday.
The lawyer got me into the "Misdemeanor Intervention Program", which
gives us criminals a chance to go straight without court.
I have to pay $100 fee plus another $200 in lieu of community service.
Then apparently I'm done with this.

It wasn't cheap, but I'm glad it's coming to an end."
So, do you plan to crew for this chucklehead again?

Was the owner of the vessel ever cited?
02-05-2011 12:47 PM
HUGOSALT "Final determination and settlement"...

Very good..was about to suggest you reference
Capt. of Exxon Valdez!
02-05-2011 10:32 AM
aa3jy Final determination and settlement..

"I just received good news yesterday.
The lawyer got me into the "Misdemeanor Intervention Program", which
gives us criminals a chance to go straight without court.
I have to pay $100 fee plus another $200 in lieu of community service.
Then apparently I'm done with this.

It wasn't cheap, but I'm glad it's coming to an end."
02-03-2011 12:17 PM
AdamLein
Quote:
Originally Posted by capnscruffy View Post
if [the owner or designated skipper] is down below, studying, or sleeping or whatever, then he is not the operator.
I don't think it was made precisely clear what he was doing, beyond "computer work".

Quote:
I can speak from my own experience running tugboats. If I'm on watch, as either the captain or the mate, I'm liable whether I'm in the wheelhouse, or the galley or head or whatever.
I assume that if you are stationed in the wheelhouse, the captain has decided you are competent to do so. If he was wrong, and something bad happens because you are not competent, I'm sure he would be held responsible for his decision.
02-02-2011 08:13 PM
capnscruffy
Quote:
Originally Posted by paulk View Post
This is beginning to sound interesting. There are lots of questions. Did the owner receive a similar citation? The law holds the person operating the vessel as liable. Who is the operator here? Is it the owner/skppper or the crew at the helm who is the actual operator, according to the law where this happened? To put it into "landspeak", what if the driver of a car going towards a tollbooth at 55 mph told his front-seat passenger to "Take the wheel while I tie my shoe."? Whose fault would that accident be?

INMHO, the person who is operating the boat, ie, steering the boat is liable, absent a licensed captain on board. If the owner or designated skipper is on deck, directing the actions of the helmsman, then I guess he would be "operating" - but if he/she is down below, studying, or sleeping or whatever, then he is not the operator.
I can speak from my own experience running tugboats. If I'm on watch, as either the captain or the mate, I'm liable whether I'm in the wheelhouse, or the galley or head or whatever. I don't know how this translates to the given example above. Was the owner licensed?
01-25-2011 11:29 PM
wayne56 In the spirit of "been there, done that"....

I was helming at the time of the grounding of a just refitted and relaunched 52' ketch in Lower New York Bay. First time on this boat and in these waters, and with a preoccupied skipper and navigator who were also unfamiliar with the area. My misreading of the marks (and some misdirection from the navigator) took us hard into deep mud as the tide was dropping. The pounding of the swells cracked the keel and took us back to the boat yard for $20k worth of repairs and a weeks delay to an Atlantic crossing.

Though technically not at "fault" I sure felt that I had screwed up. I absolutely should have insisted on clearer direction when I wasn't 100% certain. To the credit of the skipper/owner, he made a point of assuming full responsibility.
01-25-2011 10:26 PM
omaho5 Skipper, not the brightest light in town.
Helsman, do NOT include this in your resume.
Did this really happen ? Or are you sh#$$in us ?
01-25-2011 10:00 PM
Argyle38
Quote:
Originally Posted by AdamLein View Post
That's demanding a lot.
I don't think it's asking too much to state clearly who is responsible for a vessel within ones waterways, and not leave it open to debate between what could be three completely separate parties.

But hey, government is a business right? Laws written by lawyers, for lawyers.

01-25-2011 08:02 PM
paulk
Thought so

Quote:
Originally Posted by Argyle38 View Post
Totally agree, see above. The fact that it's even open to interpretation makes the statute, at the very least, incomplete.
Sounds like LOTS of questions open to interpretation. Don't lawyers get paid by the hour to help judges interpret the law? Expensive translation service! Is the amount cited for damage to the bridge, or to the mast?
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