[jzk]

That is not quite true. Here is a decent primer:

Charleston, SC Boat Accident Lawyers Discuss Liability for Wake Damage

Well if you have the boaters info, they would be liable for any damages done by there wake, so they owe you a fire extinguisher mount at a minimum and any medical expenses if there were any.

 

[Ulladh]

I prefer the power boats to maintain course and speed, I will make adjustments to jump their wake at about 45 deg on the bow.

Changing their course makes it harder for me to set up for jumping the wake, and coming off plane just increases the wake.

When it is multiple power boats, I just try my best to not take the turbulent confused breaking waves on the beam.

Get all legal if you want and can prove the injuries that day were caused by the intentional action or inaction of a particular boat operator, but I would rather go sailing than spend my time in a lawyers office or in court.

 

[safira]

A few years ago I had a incident going under a bridge, not one but two power boats came by me throwing about 3 ft+ wakes. Was kind of scary bounceing around under the bridge, but some people should be more courteous.
There just happened to be a sherriff's boat comeing my way and seen the whole thing happen, after he stopped the power boaters, yep, both of them, he comes up along side of me and asks if I had any damage from the incident. Thank Gawd i had none other than a pair of soiled shorts.
The sherriff told me they each got a 1,500.00 dollar ticket, also told me I was not the first boat that had the problem of that nature in the same area.
I suppose I was lucky that time.

 

[christian.hess]

My wife and I have this disscussion everythime we're out and we see "rule breakers". . My favorite analogy is the kids around the high school. Those young people will arrogantly step right out in front of you and look you in the eye while your slamming on your brakes with that "you have to stop for me" look on their face. Problem is stupid young person, is that when someone doesn't stop and you're dead, what good did some rule do you?

All the rules of the road and all the woulda's, shoulda's and coulda's in the world don't mean beans if you don't do everything in your power to avoid any collision or danger.

You did good and you did correct! Keep doing it... forever. Sorry about your mate's bump.

Dave

this in bold is what overrides everything else...if you dont think this is the most important rule then you havent learned it through experience...

any good captain, teacher, sailor should abide by this...

this isnt bouy racing...so just avoid collisions at all costs...simple

 

[Donna_F]

Christian,

You're right. And the nav rules say to break the rules to avoid collision. But it's still a good discussion about wake responsibility especially since you don't have to have had a collision or even come close for someone's wake to do damage to your boat.

 

[christian.hess]

I prefer the power boats to maintain course and speed, I will make adjustments to jump their wake at about 45 deg on the bow.

Changing their course makes it harder for me to set up for jumping the wake, and coming off plane just increases the wake.

When it is multiple power boats, I just try my best to not take the turbulent confused breaking waves on the beam.

Get all legal if you want and can prove the injuries that day were caused by the intentional action or inaction of a particular boat operator, but I would rather go sailing than spend my time in a lawyers office or in court.

jumping and crossing wakes and close proximity to big boats and containers was what we dealt with all day long on the san joaquin river delta in northern california...

some sailors would get in real trouble sometimes tacking each side and getting stuck or in irons or completelty dunked by water...but honestly you just become a better sailor...

now those damn water maggots(jet skiers) thats something completely different...id love nothing more than getting those suckers fined big time!

anywhoo there is just no way in hell you are going to get any sort of action to help you, now if someone is trying to run you over...or kill you or t bone you then yeah

but its going to be a hard fight

and like the above post there is a reason the bumper sticker

"id rather be sailing" was created...

peace

 

[eherlihy]

I can't fully understand the OP's post, or follow ups. Are you typing on a cell phone, or is this the way that you always type?

I believe that the OP was a question about the inland navigation rules, as they pertain to power and sail boats. You can find the law here: Navigation Rules Online

The specific area in question is this;

Rule 18 - Responsibilities Between Vessels

Except where Rules 9, 10, and 13 otherwise require:

(a) A power-driven vessel underway shall keep out of the way of:

(i) a vessel not under command;
(ii) a vessel restricted in her ability to maneuver;
(iii) a vessel engaged in fishing;
(iv) a sailing vessel.

(b) A sailing vessel underway shall keep out of the way of:

(i) a vessel not under command;
(ii) a vessel restricted in her ability to maneuver;
(iii) a vessel engaged in fishing.

(c) A vessel engaged in fishing when underway shall, so far as possible, keep out of the way of:

(i) a vessel not under command;
(ii) a vessel restricted in her ability to maneuver.

[(d) (i) Any vessel other than a vessel not under command or a vessel restricted in her ability to maneuver shall, if the circumstances of the case admit, avoid impeding the safe passage of a vessel constrained by her draft, exhibiting the signals in Rule 28.]

[(ii) A vessel constrained by her draft shall navigate with particular caution having full regard to her special condition.]

(e | d) A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply with the Rules of this Part.

[(f) (i) A WIG craft shall, when taking off, landing and in flight near the surface, keep well clear of all other vessels and avoid impeding their navigation;]

[(ii) a WIG craft operating on the water surface shall comply with the Rules of this Part as a power-driven vessel.]

Unless these other boats were either not under command, restricted in their ability to maneuver, or COMMERCIAL fishing vessels with their gear out (not two dopes and a six pack), the sailboat is the stand on vessel. From what I could discern, it seems like these boats were "buzzing" you, which is illegal.

If it were me, I would be on the horn (5 blasts) when it appeared that they were going to come too close. I would also have my cell phone at the ready to take a picture. I would then take appropriate action to prevent a collision. After the incident, I would let the CG know on channel 16. I would also follow up by phone with this guy if in MD;
Enforcement
Col George F Johnson , IV
Tawes State Office Bldg 3
580 Taylor Ave
Annapolis, MD 21401
Phone: 410.260.8881
Fax: 410.260.8878

or this guy if in PA;
Enforcement
Thomas Kamerzel
PO Box 67000
Harrisburg, PA 17106-7000
Phone: 717.705.7861
Fax: 717.705.7802

Please do us all a favor, and help get these clowns off the water.

 

[smurphny]

I don't really expect nor do i really care if powerboats leave a wake going past me. As long as it's not in a place where there is no way for me to just quickly cross over the wake. I've really got to say that along the ICW, many powerboats do slow down to do a slow-speed pass and I always thank them for doing so. They are doing their thing, I'm doing mine and sometimes the two activities conflict. I'm sure I've growled a few choice words now and then when stuff starts flying down below from some inconsiderate sob but I get over it

 

[deltaten]

eherlihy;

Sorry 'bout the typing. Seems the "smart" phone auto-correct can go back and change items already typed!
Thanks to you...and Donna..for the regs and clarification and all else for the support..

Yanno, it's curious that I have yet to have any sort of "run-in" with another sailboat!

 

[mr_f]

Unless these other boats were either not under command, restricted in their ability to maneuver, or COMMERCIAL fishing vessels with their gear out (not two dopes and a six pack), the sailboat is the stand on vessel.

I wish there were more education/enforcement of this. I had multiple run-ins this weekend with "two dopes and a six pack" who clearly did not understand the rules. In general, I try to give people fishing plenty of room. It is a big bay and plenty for everyone. But a few occasions over the long weekend, I found myself in a situation between wind and shoal that I preferred to stand-on as I was supposed to do. I am not suggesting that I got very close, or caused a problem, just that I didn't go out of my way to go around, and they probably had to alter coarse slightly to avoid me. One pair had the courtesy to yell obscenities at me on my way by. In the coarse of their diatribe, it became clear that there was simply a misunderstanding of the rules. They had read far enough to see "not under command" and "engaged in fishing" and believed they had two solid reasons to be the stand on vessel. If they had read further, they would have seen that the definitions of both of those terms did not apply to their situation. Temporarily putting your vessel into neutral does not make you "not in command." Nor does casual trolling make you "engaged in fishing" by the definition. The number of fisherman griping into the radio about "those damn sailboaters" suggests this misunderstanding is quite widespread. It struck me as the third highest radio complaint after "you are responsible for your wake" and "quit yapping on channel 16".

As near as I can tell, Memorial Day in the Chesapeake is a holiday primarily devoted to ignoring the navigation rules, mis-using the radio, drunkenly crashing your jet ski into anchored sailboats, and being generally discourteous to other boaters.

 

[eherlihy]

As near as I can tell, Memorial Day in the Chesapeake is a holiday primarily devoted to ignoring the navigation rules, mis-using the radio, drunkenly crashing your jet ski into anchored sailboats, and being generally discourteous to other boaters.

... and this;

 

[christian.hess]

a quick search on youtube will show equal amounts of idiots launching sailboats...

hardly a way to make a point,

courtesy out on the water depends on the person or brains behind the helm...

I also know plenty of sailors who DONT know the rules well and simply beleive they have right of way all the time...

and are snobby with a chip on their shoulder too...

so it cuts both ways

 

[jzk]

It is true. However, a sailboat owner is required to know more just to get by. A quick walk down the dock can tell much about the respective owners just from how they are tied up. At least half of the boats on our dock are tied up wrong.

a quick search on youtube will show equal amounts of idiots launching sailboats...

hardly a way to make a point,

courtesy out on the water depends on the person or brains behind the helm...

I also know plenty of sailors who DONT know the rules well and simply beleive they have right of way all the time...

and are snobby with a chip on their shoulder too...

so it cuts both ways

 

[christian.hess]

yup

however how a boat is tied up wouldnt necessarily tell you much about how sailor act on the water

we all know many marina queens that look perfect and then you see them out there with the fenders out hanging and ugly as hell sail shape...

again just sayin

 

[jzk]

Trust me when I tell you that it is best for all of us that they have those fenders hanging......

Tying up your boat is a part of good seamanship, and is often neglected in some fashion.

yup

however how a boat is tied up wouldnt necessarily tell you much about how sailor act on the water

we all know many marina queens that look perfect and then you see them out there with the fenders out hanging and ugly as hell sail shape...

again just sayin

 

[christian.hess]

jajaja yeah I know...just love it when you see some guy hammering it with fenders a blaze!

peace

 

[miatapaul]

That is not quite true. Here is a decent primer:

Charleston, SC Boat Accident Lawyers Discuss Liability for Wake Damage

Thanks for the link and it basically says you are responsible for your wake.

A vessel causing injury to others by her swell or wake is held responsible for any failure to appreciate the reasonable effect of her own speed and motion through the water at the particular place and under the particular circumstances where the injury occurred. Her officers are required to take all reasonable precautions to avoid injury to another vessel, including crew or passengers. All reasonable precautions must be taken even though past experience has shown that in the ordinary and usual course of events they are likely to escape injury.

these yahoos were obviously buzzing the OP. A call to the CG is certainly in order.

 

[tommays]

Where are we talking? In a calm harbor with a no wake zone? Or out and about? If in a regularly navigated area, why the fuss over a wake? What kind of sailboat do you have that a powerboat wake can cause you damage and injury to your passengers?

I have a stout boat i drive hard and put away WET yet i rarely make it out of Northport without a wake induced BOW STUFFING well beyond the DAYS NORMAL condition's

 

[jzk]

What you describe is called "strict liability," and that is not the law as it concerns damage due to wakes.

There is responsibility of the vessel receiving the wake. If it is moored, it must be properly moored to withstand ordinary expected wakes at least, etc. If you are out in navigation, you must be properly equipped to handle the ordinary occurrences that you might encounter.

Thanks for the link and it basically says you are responsible for your wake.

these yahoos were obviously buzzing the OP. A call to the CG is certainly in order.

 

[miatapaul]

What you describe is called "strict liability," and that is not the law as it concerns damage due to wakes.

There is responsibility of the vessel receiving the wake. If it is moored, it must be properly moored to withstand ordinary expected wakes at least, etc. If you are out in navigation, you must be properly equipped to handle the ordinary occurrences that you might encounter.

Well it was obvious the power boat in question intended for the wake to hit the sailboat. That is not an ordinary situation but more an assault. So they would be responsible for damage done. If the coast guard was there surely the boat would have been cited.

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