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PostPosted: Sat Jul 30, 2011 10:46 am 
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I have recently returned from Lake Tahoe where I had an "interesting" experience at a private beach. On this particular beach there were markers approximately 100 yards off shore to mark a swimming/light water craft area. I had spent most of the morning in the shallows with my son, amas tramps and mast on. Mid afternoon, the owner of the slipway came running over shouting "you in the sailboat return to the shore immediately". Having reached the shore this rather irate guy was going on about the fact that sail boats were not allowed in the restricted area. I explained that this was a kayak with a sail on it (ignoring the fact that there was a sign posted "no motorized craft in the restricted area" and no mention of sail boats) and this should be ok. He did not agree and made me take the mast down which apparently made everything ok.

Does anyone know legally what the adventure is?Is it a sailboat with the mast in and a kayak with it out?

Thanks JJ.


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PostPosted: Sat Jul 30, 2011 1:15 pm 
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Location: Ontario, Canada
I think this varies on the jurisdiction, but if there are any laws about sailboats and kayaks, assume that if it has a sail on it, it's a sailboat. Let's face it. To the uninitiated, if it's got a sail, it's a sailboat, and it's often the uninitiated who are asked to interpret the laws.

Having said that, it's not a motorized craft, so if you were facing any difficulty that way, I'd stand firm on that.

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PostPosted: Sat Jul 30, 2011 2:01 pm 
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Yes I agree. It's going to be hard to argue that it's not a sail boat when there is a sail on it.
My problem there is that in order to get out to "legal" water you have to go through the safe swim area or pay the $20 slip fee. The only other way is to sneak out or take the mast out and replace in deeper water.


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PostPosted: Sat Jul 30, 2011 4:15 pm 
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Location: Sarasota,Key West FL
JetJester:
If he was the owner it's likely he has insurance and liability issues with sailboats in the swim area. I have been to beaches where cats zoom by at high speed running the surf, it can be dangerous. I'm sure he saw the name Hobie on the boat and it struck fear in him, after all Hobie is the biggest name in fast cats ( LOL). Actually where we live any of the beaches with life guards we can't go anywhere near those beaches with our TI (with the sail up), but I've been to Smathers Beach in Key West several times with our Kayaks (no sails) and nobody said anything, probably something to do with speed, you can't hurt anybody at 2 mph paddling (well a nasty paddle bruise might occur). It's his beach and his rules. I'm sure he is only thinking of the safety of his guests, so if it were me I would just comply and keep the sail down until you get out, it's not that big a deal to put the sail up in the water and keep the peace.
Bob


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PostPosted: Sat Jul 30, 2011 5:31 pm 
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Location: Central Florida
It's a kayak with a sail! At least the AI, is sold as just a kayak (Adventure) or full Adventure Island.

The TI might be a harder argument as it's only sold as the TI.

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PostPosted: Sat Jul 30, 2011 6:18 pm 
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Location: Terrigal NSW, Australia
It's no biggie to hoist the mast out on the water. I've had to do it a few times when passing under low bridges.

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PostPosted: Sun Jul 31, 2011 6:18 pm 
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Location: Vancouver Island, Canada
Interesting idea (legally or not)

Inland waters have their own set of rules, but are usually based upon 'Right of Way"
As a Canadian, (with our own set of rules) I cannot comment on CA/Nevada State laws.
However, as in any situation. There is a pecking order in terms of right of way (based on the ability to manuever):

1) The least movable 'vessel' is a human being...having the least amount of ability to avoid a mishap.
2) a paddle craft has the 2nd least amount of navigational potential.
3) Sailboats after that
4) Power boats after that

Ferries and major shipping have the right of way, but are not usually found in inland waterways, so do not need to be included here (and yet there are 50 footers on Tahoe).

The Common sense factor:
A lot of fossil fueled motorized craft are barred from eco sensitive areas due to the potential for oil, fuel spills and noise as in small lakes that are attached to waterfront property [you can thank PWCs for that in many cases].

A Lake like Lake Tahoe has various crafts of all sizes. As the 'Irate Man' prolly couldn't figure out what 'exactly' your craft was, he reverted back to Rule Number 1:

Human vessels only. Not sure if I agree with him , but after seing 4 foot caps on Lake Tahoe, I think he did the right thing....protecting his customers.

Put yourself in his place or the concerned look on a parent's face as their kid could potentially come to harm's way.

"Boaters understand boats, Landlubbers see them as a potential threat to their kids"

Regards
Trinomite

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Last edited by Trinomite on Sun Jul 31, 2011 6:41 pm, edited 2 times in total.

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PostPosted: Sun Jul 31, 2011 6:36 pm 
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Location: Vancouver Island, Canada
A Postscript to the last message (I try not to talk to myself, hehehe)
I have a registered DCS capable VHF radio aboard my AI.
It has the ability to send out an SOS with my GPS coords as part of the Emerg. message.
To get this priviledge and registration number, I had to describe my vessel:
16' Sailing Trimaran.
Transport Canada had no issues with that.
May I suggest because you are capable of sail, that makes you legally a sailboat.

Cheers
Fred

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PostPosted: Tue Aug 02, 2011 7:12 am 
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Location: CLEARWATER, MN
Here in Minnesota, a lot of swimming areas are out-bounds for even kayaks.
Officials are worried about bonking a swimmer as you paddle through. And
also a kayak hull is hard to see through if a swimmer on the other side is in difficulty. I don't see this as any different than someone riding their bicycle down a busy sidewalk. It may not be motorized but it certainly can travel faster than a swimmer and has more mass.


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PostPosted: Tue Aug 02, 2011 7:42 am 
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Location: Sarasota,Key West FL
TIDALWAVE:
That actually happened to me a few weeks ago, I got bonked on the back of the head by a kayak. We were scuba diving on the Crystal river (crystal clear water and lots on manatees) in Florida, we went into one of the springs swimming around (in scuba tanks) minding our own business when a kid in a kayak ran right into me (must have thought I was a manatee and was going in for the kill). Just a funny story, but it could have been far more dangerous if it had been a beach with a surf.
Bob


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PostPosted: Tue Aug 02, 2011 1:53 pm 
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Location: Long Island NY
from a legal standpoint - you need to find out what applies in your location.

I sail most often in a very populated area of Long Island called Northport/hunntington bay. once last year and again a few weeks ago I had the harbor police pace right next to me where I'm SURE they saw no registration #'s on my hull. This past time, I even reefed came to a stop as did they ... where they proceeded to circle me then say "Thats the coolest craft we've seen in a while !!" I responded that its just an overgrown kayak and they said they had seen it in the Hobie cateloges but never in person.

... that was it and they were off. If I was in any offense, Im SURE they would have mentioned it.

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PostPosted: Tue Aug 02, 2011 3:42 pm 
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Location: Oceanside, California
Kayak... kayak rules

Hang a motor on it... motorboat rules.

Raise a sail... sailboat rules.

Sail and motoring... motor boat rules.

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PostPosted: Tue Aug 02, 2011 3:54 pm 
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Location: Vancouver Island, Canada
Hey Alan
And I thought all cops in the US were good at was busting chops :shock:
(kidding, of course)
Nice to see the harbour police on Long Island Sound have a finely tuned sense of aesthetics regarding Sail/Kayaking craft...

You can get a very nasty fine if you decide to raise your sails in the Harbour of Vancouver, BC, Canada. You can be a Sailboat as long as you don't raise anything that resembles even a hanky. Due to the massive Trans Oceanic Traffic (and a lot of Cruise Ships to AK) in that Harbour. Sailing is Strickly VERBOTEN!

A few years ago, I decided to play Marine Lawyer and motorsailed across the Harbour to pick up a passenger/crew. Sure enough on my return trip, I got busted. I got away with it...with a strong warning (I think I was lucky to deal with rookies).

I very much doubt, I'd do this again as now traffic is even thicker...
as I'm sure so is the enforcement of marine traffic control laws of the VPD, Marine Division.

Fred

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PostPosted: Tue Aug 02, 2011 3:57 pm 
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Location: Vancouver Island, Canada
mmiller wrote:
Kayak... kayak rules

Hang a motor on it... motorboat rules.

Raise a sail... sailboat rules.

Sail and motoring... motor boat rules.


Yup, that's how they rule it (in most places)

However, be stupid enough to fall out of your boat, Stupidity Rules, hehehe

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PostPosted: Tue Aug 02, 2011 4:51 pm 
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Location: Vancouver Island, Canada
Hey JetJester
One very important aspect of different Marine Laws, based on Nationality, I truly should have mentioned (my fault):
In the USA, you can legally purchase, hold and defend property underneath the water (ie: Beach front)
In Canada (and many other countries) the Spring high tide mark is the limit of your waterfront assets.
You had mentioned that you were on a private beach on Tahoe. That makes the owner of that property able to almost do anything within the Law to post his own 'Rules of Usage' posted and enforced by his staff for his paying guests.
This also makes him legally liable if someone gets hurt on his property if neglect could be provenagainst the defendant.
In truth, if I would have been in his own shoes (and lived in a country that can sue a Landlord for sneezing on him), I probably would have done the same....

Trinomite

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Last edited by Trinomite on Tue Aug 02, 2011 4:55 pm, edited 1 time in total.

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