right of way

I had an incident yesterday where a 16' runabout pulling a water-skier cut around the front of the boat. Light winds , I could not get out of the way. Tow rope come over the front of the Getaway, skier had two choices, slam into the side of my boat or let the rope go. The driver of the speedboat came around and flipped me the bird. So who has the right of way in this situation.

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06 getaway -- always remember, man with both feet in mouth have no leg to stand on.

I'm inclined to say that the powerboat is always the give way vessel with regards to a sailboat. That is unless the powerboat is dead in the water or the sailboat is under motor power. Then again both vessels are required to avoid collision no matter which one has the right of way. We have the same problem on our more popular lakes here with powerboats and jetskis flying every which way. I have to constantly keep my head on a swivel. We just had an incident here where three girls on a tube got sent to a local hospital. The towing boat swerved to avoid a stopped boat picking up a skier. In doing so the tube left the wake area of the towing boat and slammed the tube into the stopped boat. Not good.

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The less maneuverable vessel always has right of way. That's definitely you. He's towing a water skier at 30+ mph, he could have easily avoided you moving at 5mph or less. Tom is correct in that, in the event that a collision is imminent, BOTH vessels have a legal responsibility to make every possible effort to avoid a collision. However, as you said, there was nothing you could do. The problem is that the power boater (as usual) was completely oblivious that there is such a thing as "right of way" on the water, and that he did not have it.

I'm always astonished when, especially in the case of tubers and water skiers, the boats act as if they 1) have right of way over every other boat because they have something in tow, and 2) act as if they do not have anything in tow, cutting very close to other boats. Also when a boat either crosses directly behind a waterskier or follows close behind. The passengers in tow can (and frequently do) fall off the tube or lose their grip on the tow line. If anything, these sports ought to be practiced as far from other marine traffic as practicable, for the safety of the tuber/skier!

Though I have yet to see it happen, the Coast Guard can reasonably ticket vessels for cutting too close to other vessels with skier in tow, or cutting too close to vessels towing a waterskier, as it constitutes "unsafe operation" (Operation that endangers or would likely endanger a person or property) and possibly "reckless operation" (It is a crime to operate a boat carelessly in willful disregard of others).

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Mike

'79 H18 standard 'Rocketman II' sail #14921 RIP
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We had an incident here locally on Lake Geroge in upstate NY a few years ago... a kayaker was crossing the lake in heavy chop with big waves. A powerboat was traveling along the lake and did not see the kayaker. The kayaker raised his paddle in the air as the boat approached but it didn't help. The two collided. The owner of the powerboat jumped out and tried to help the kayaker, but the kayaker was killed.

A special prosecutor was appointed to the case, but it was eventually dropped because it turns out New York State Law specifically says a boat does not have to yield to a kayak. The motorboat owner did not face any criminal offense. Everyone including the prosecutor was shocked no law was broken.

So whatever the law may be, I wouldn't count on it to provide any moral compass. Obviously someone with a water skier would out of common sense avoid a sailboat since it has less maneuverability, but that assumes the driver has common sense and is sober. I never assume either when I am out. Not much you can do about at times though.

Article on accident if anyone is interested:
http://poststar.com/news/local/charge-dismissed-in-fatal-kayak-accident-case/article_4cc3028e-67a2-11e0-8957-001cc4c03286.html

That's completely absurd! I've had a USCG officer (in NYS) threaten a ticket for "unsafe operation" (or maybe it was reckless... the distinction seems somewhat arbitrary) because there were passengers riding on the bow of a Grady 270 Islander with forward seating and a walk around. The fact that the judge felt that this operator could not be charged on the technicality that the kayak was not explicitly considered a vessel, or that there was no law that explicitly required the power boater to yield to a kayaker is truly sickening. What about kite boarders, surfboarders, SUPs, windsurfers or swimmers? None of those are vessels either, but that doesn't mean that you can run them over! I think that judge was completely unfamiliar with maritime laws!

As outrageous as the story is, however, your point is a good one. Regardless of right of way, never count on the other vessel avoiding the collision.

This is pretty basic... the ski boat is wrong.

http://www.boatus.org/guide/navigation_1.html

The Pecking Order

There is a "pecking order" that can be used as a simplified memory aid to determine right of way for vessels of different types. Get very familiar with this list, as it is important to understand it thoroughly. The lower most vessel on the list is the give way vessel, and must stay out of the way of vessels that are higher on the list:

Overtaken vessel (top priority)

Vessels not under command
Vessels restricted in their ability to maneuver
Vessels constrained by draft
Fishing vessels engaged in fishing, with gear deployed
Sailing vessels
Power driven vessels (Gives way to all above)

Kayaks and row boats would be considered "Vessels restricted in their ability to maneuver" I would think.

_________________
Matt Miller
Former - Director of Parts and Accessory Sales
Warranty and Technical Support
Hobie Cat USA
(Retired 11/7/2022)

In NJ, power boats towing skiers are required to (among other things) stay a minimum of 100 feet away from other vessels and display an orange pennant to indicate they are towing a skier.

Obviously if the power boater drug his tow rope across your bow, he is less than 100 feet away from you....

That being said, if I can clearly see that someone is towing a skier, I do my best to stay clear of their general area. Typically, good sailing conditions and good water skiing conditions don't happen at the same time, so generally not an issue.

sm

The way I've always handled driving a stink boat is sailboats always have the right away no matter what and give fishermen extra leeway. Even without that thought process that sport boat driver was way to close to you regardless for what vessel you we in, he was well in the wrong and put his skier at great risk. If you got a boat number I would call it in cause that ain't cool dude.

I would call the OP an obligation to avoid a collision rather than a question of right of way. Even if one has the right of way, one must still make an effort to avoid a collision. In the case of the OP, the tow boat would have the obligation to avoid a slower moving vessel.

A local lake to me has a rule that boats towing skiers/tubers/etc have the right of way over all other boats, but that doesn't mean a tow boat may cause, or fail to avoid, a collision.

Skipshot, who is the authority on that local lake that has either decided or enforces the rule that boats towing skiers/tubers/etc has right of way over all other vessels? Is it a private lake?

It seems to me that, while they can make whatever "rules" they want, the "rules" governing right of way on all International and Inland US waterways are part of international and federal law. International navigational rules were developed by the International Maritime Organization (IMO) and ratified by President Ford and went into effect on July 15, 1977. They are referred to as the 72 COLREGS, and all US vessels are bound to adhere to them.

The current incarnation of Inland navigational rules, which are largely identical to the international rules, were established in 1980 and are published in the Federal Register of permanent rules and regulations as established by the government of the United States. Specifically, Title 33 of the Code of Federal Regulations (CFR), "Navigation & Navigable Waters" enumerates and defines the established navigational rules for all US vessels or vessels operating on US waterways. The United States Coast Guard is responsible for enforcing these rules, and the compliance of all vessels with 33 CFR & 46 CFR (Shipping). Individual states can enact their own laws that govern vessels operating on their waterways in addition to the federal regulations (hence NJ's rule about towing), but they cannot override the federal rules & regulations.

Now, if you're on a private/inland lake that does not have any USCG or police presence, then a "rule" like that could be allowed to exist, but from a legal standpoint it would be invalid.

The following PDF is the USCG publication of the COLREGS & 33 CFR side by side: http://www.navcen.uscg.gov/pdf/navrules/navrules.pdf
Most boating courses and boater's information booklets include a simplified version of these rules.



Back to the original question.
The applicable sections to this conversation are covered in Part B - Steering & Sailing Rules (Rules 4 - 19)

Specifically:
Rule 7 - Risk of a Collision, page 16 (International) & 17 (Inland)
Rule 8 - Action to Avoid a Collision, page 18 (International) & 19 (Inland)
Rule 18 - Responsibilities Between Vessels, page 34 (International) & 35 (Inland)

Rule 3 provides definitions. Note that by the legal definition of a "vessel" (includes every description of water craft... used or capable of being used as a means of transportation on water) and "vessel restricted in her ability to maneuver" (a vessel which from the nature of her work is restricted in her ability to maneuver as required by these Rules and is therefore unable to keep out of the way of another vessel), hitting a kayak with a power boat is a breach of these regulations.


To repeat Matt Miller somewhat, rule 18 states:



Rules 9, 10 & 13 are specific rules for narrow channels (9), traffic separation schemes (10), and overtaking (13)

Under rule 3, a provision of the definition of a vessel restricted in her ability to maneuver is written to include This does not apply to boats towing skiers, wakeboarders or tubers, as they are not severely restricted in their ability to deviate from their course. The ski boat was 100% in the wrong.

For anyone curious, I'm an engineer working for a company that operates a fleet of bulk freighters, and previously worked for a company that built & operated tug boats and research vessels, so I'm somewhat more familiar with these rules than the average Joe.

Sabres, the lake is a public reservoir run by the county.

I read the rule in the lake map given at the gate after and incident I had. I was flying a hull as high as I could with my wife on the wire and I on the rail, when a ski boat towing a tuber drove directly across my bow from my lee side (my blind side since the sail was in my line of sight and only water could be seen under the boom) within 30 yards and stop. All I could see at the time was a boat pull out of my lee and stop, so I eased the main and fell off to avoid a collision, which also powered up my boat. And that's when I saw the tow rope, and it was too late to avoid it. My daggers caught the tow rope and pulled the tube to my boat, and fortunately the tuber jumped off before the daggers caught the rope. There were no injuries or damage. I hollered at the driver, but he looked to be Mexican and he didn't say anything back, but just waved.

Since it was a fleet fun sail, the incident was discussed and that's when I found the rule printed on the lake map. Here is the Link to rules , which specifically states in Section E, Rule 8:

Does it specify "Skier" and not the ski boat? I wonder if that is because the skier has no way to change course... but his boat driver does.

_________________
Matt Miller
Former - Director of Parts and Accessory Sales
Warranty and Technical Support
Hobie Cat USA
(Retired 11/7/2022)

Admittedly, Matt, the rule is not specific, which may cause confusion. After all, it says "skiers on the water", but not in the water, nor does it refer to ski boats. But then, how could a skier on the water have rights over all, but the boat pulling the skier not?

That rule is fairly vague in my opinion. Is the skier being towed? A downed skier would no doubt have the right of way. However, if they are in the act of being towed then it's the tow boats responsibility to avoid any collision. In which case it would revert to the first part of that rule that sailboats have the right-of-way. Additionally skiers, wakeboarders, and tubers are not considered vessels by CG standards, therefore how can they have the right-of-way when discussing vessel right-of-way?

_________________
2015 Hobie Tandem Island Hibiscus
"Third Normal Form"

• Trampolines
• Hobie cover
• Davis Spar Fly
• Kayakbob's Sprayskirts
• Spine Board Hakas

I called the office at Woodward.

This may be interpreted differently by the local water patrol, but the office attendant felt it was directed at the skier and not the tow boat.

I think it can lead a tow operator to think he has right of way which is dangerous. I would point that out to the county for review and clarification.

_________________
Matt Miller
Former - Director of Parts and Accessory Sales
Warranty and Technical Support
Hobie Cat USA
(Retired 11/7/2022)