tpdavis473 wrote:
I did a little more digging and found this under the FAQs on the US Coast Guard spot for the Rules of the Road...
13. Where do Kayaks and Canoes fit into the Navigation Rules? Neither the International nor Inland Navigation Rules address "kayaks" or "canoes" per se, except in regards to "vessels under oars" in Rule 25 regarding lights. One could infer that a "vessel under oars" should be treated as a "sailing vessel" since it is permitted to display the same lights as one, but, ultimately the issue of whom "gives way" would fall to what would be "required by the ordinary practice of seamen, or by the special circumstances of the case" (Rule 2).
Rule 2 is about responsibility
Rule 2 - Responsibility
(a) Nothing in these Rules shall exonerate any vessel, or the owner, master, or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
(b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.
Not very helpful, right?
I followed up further with the USCG and got further response (without much help, tho, related to sailboat-kayak rules of engagement)...here it is
As you indicated, Navigation Rules (International - Inland), COMDTINST M16672.2D, does not specifically address kayaks, canoes, rowboats, etc. except in regards to light configurations for vessel under oars (Rule 25(d)ii). While Rule 25(d)ii provides that vessels under oars may use the same lights as a sailing vessel or shall have a white electric torch or lantern - this does not make them equal to a sailing vessel under Rule 18. It does show that vessels under oars are classed apart from power-driven vessels.
However, as defined by Rule 3, kayaks, canoes, rowboats, etc. are certainly vessels and are therefore accountable to the Navigation Rules (International - Inland). When determining the conduct of such vessels in sight of one other vessel, generally, the Navigation Rules (International - Inland) are set up so the burden is on the more maneuverable vessel to give-way to the less maneuverable vessel. Therefore, we could probably assume that a vessel under oars, due to its limited speed (or for a racing-scull its inability to quickly change direction), should expect a power-driven vessel to keep out of its way. To some degree Rule 18 backs that up in establishing Responsibilities Between Vessels where the power-driven vessel is directed to keep out of the way of most other vessels.
However, when the Navigation Rules (International - Inland) are not specific to a situation or there is uncertainty, it all boils down to Rule 2 which emphasizes the ordinary practice of seamen requiring precaution under all conditions and circumstances and not strict adherence to the rules or any other practice.
While strict adherence may not always be prudent, the rules are very precise in stating that nothing exonerates any vessel from the consequences of neglect (Rule 2). Neglect, among other things, could be unsafe speeds (Rule 6), improper lookout (Rule 5), or completely ignoring your responsibilities as prescribed by the Navigation Rules (International - Inland). (This is me again)==The emphasis is on which vessel is less maneuverable, I believe a sailboat is probably more maneuverable than a scull or rowboat, but less maneuverable than a kayak or canoe. Consequently, I believe a kayak should be the give-way vessel in a kayak/sailboat meeting given that neither is overtaking.