[CKF Info] I'm a kayak, I have the "right of way"-----WRONG!!

Mon Jun 23 10:48:12 PDT 2008

Chuck,
The cycling analogy is right-on... assume you have not been seen.

I would just add that it is prudent to avoid any right-of-way issues well in advance so that no 'conversations' or judgments need be made in haste (or anger) to avoid a problem. If you see a potential problem, change course, stop, etc... make your intentions OVERTLY obvious to the other craft so that they do not have to guess what you are doing.

From: fowlc at greneker.com
To: sh at actglobal.net; info at list.ckf.org
Date: Mon, 23 Jun 2008 10:18:19 -0700
Subject: Re: [CKF Info] I'm a kayak, I have the "right of way"-----WRONG!!

Steve:

Thanks for this information, I hope people take 
note of it and operate appropriately.

I have operated vessels from 7' (sail boat) to 440' 
(Navy destroyer) and know the rules of the road pretty well.

There is one rule that I live by (and have lived 
because of).  I apply this rule to cycling, walkrace/running training (on 
the road) and kayaking.  That rule is "ASSUME THAT YOU ARE 
INVISIBLE".  This simple rule will keep you alive.  If you insist on 
enforcing some arbitrary rules on larger vessels, then you may be right, 
dead right.

Happy and safe paddling:

::Chuck Fowler::

HELP ME SAVE LIVES!
http://pages.teamintraining.org/los/nikesf08/cfowler

  ----- Original Message ----- 
  From: 
  Steve Holtzman 

  To: 'CKF' 
  Sent: Monday, June 23, 2008 9:46 AM
  Subject: [CKF Info] I'm a kayak, I have 
  the "right of way"-----WRONG!!

  Hi everybody,

  During yesterday’s paddle, the weather came up a bit and 
  some of the people paddling with us were not comfortable in the conditions. 
  (Small craft warning was issued), so we turned back and headed into Ventura 
  Harbor to continue our playing there.

  At one point, a powerboat was leaving a slip, and the ships 
  master yelled to a couple of our group that he had the right of way. I didn’t 
  get to hear that conversation completely, but one of our other paddlers 
  started to tell everybody that the boat’s captain was wrong because we are 
  “human powered craft”. That is a misconception that is fairly common in the 
  kayaking world and one of the reasons that most commercial captains and more 
  knowledgeable power boaters dislike kayakers. We DON’T know the rules of the 
  road. 

  A similar discussion has been going on Paddlewise and Craig 
  Jungers (he is a licensed maritime officer and spent many years captaining 
  ships---also attended our last FEST), had a great message that he has given me 
  permission to quote. If you want your own copy of “The Rules”, they can be 
  found at http://www.navcen.uscg.gov/mwv/mwv_files/NR_Files/navrules.pdf 
  .

  Here’s Craig’s message:
  On Mon, Jun 23, 2008 at 7:00 AM, Martin, Jack <martin.jack at solute.us> 
  wrote:

  > From 30 years of 
  "practical factors" in the Navy (US), I'd like to 
  > suggest two additions 
  to Craig's list factors involved in kayak 
  > 
  visibility.

  Jack Martin's cogent and 
  thoughtful reply deserves further discussion.

  > That leads to another 
  suggested addition: the ship may paint you on 
  > radar, the captain or 
  crew may see you, but they may not be able to 
  > avoid you.  (See 
  right of way being a relative term, above.)

  I have discovered that 
  kayakers generally display an ignorance of the Rules of the Road (http://www.navcen.uscg.gov/mwv/navrules/rotr_online.htm 
  for the
  USA) rivaled only by jet 
  ski operators. If you, as a kayaker, are shocked by that statement then please 
  read on.

  In the USA (at least) 
  there are two regulatory agencies which define the use of waterways; the 
  Federal Government in the form of the USCG and individual state police 
  departments. It turns out that the rules of one don't exactly match the rules 
  of the other. Some states have seen fit to alter the Rules when applied to 
  inland waters not under the regulatory authority of the USCG; these are 
  generally inland lakes and rivers not considered to be 
  "navigable".

  Under USCG Rules (Rule 18, 
  read it) there is no such thing as a kayak (or any "hand-powered vessel") 
  having automatic right-of-way over any other vessel. So if you've been 
  operating under that assumption as you paddle in and out of your harbor then 
  you have been operating under a mistaken assumption. (In fact, you might 
  actually have been liable for a violation of the USCG Rule 13... see 
  below.)

  Some states specifically 
  *do* give automatic right-of-way to hand-operated vessels in their own rules. 
  But if you've read this and applied it to your paddling, please remember that 
  if you are paddling on waters under authority of the USCG those individual 
  state laws are not applicable.

  Confusing, 
  huh?

  It gets worse. Under USCG 
  Rules a hand-operated vessel moving on the water at night must only carry a 
  light with which to signal another vessel in the event of a collision. A 
  mounted light of any sort is not required. But several states *do* require 
  one. Specifically, and especially in the Northeastern USA, there is a 
  requirement for a white light visible for two miles all around be displayed 
  from kayaks, canoes and rowboats while being operated at night on lakes and 
  rivers not under USCG jurisdiction.

  So, what do you do? If 
  you're a prudent paddler you'll google for the boating rules for your state 
  and for any state you visit as long as you remember that these state rules 
  only apply to waters which the USCG does not have authority upon. In general, 
  if there are buoys and navigation aids on the water then it's likely that the 
  USCG Rules apply. If it's an inland lake (like Moses Lake - where I live) then 
  it's likely that the state laws apply.
  If you don't know, and get 
  into an accident then you could be held liable for causing the accident or 
  have confusion during the investigation of the accident which denies you 
  justice (see Sea Kayaker Magazine for June 2008).

  There are several USCG 
  Rules which I believe are often ignored by kayakers.
  One is Rule 5 which I'll 
  quote here:

  "Every vessel shall at all 
  times maintain a proper look-out by *sight and
  hearing* as well as by all 
  available means appropriate in the prevailing circumstances and conditions so 
  as to make a full appraisal of the situation and of the risk of 
  collision."

  If you love to paddle 
  listening to your ipod then you are violating Rule 5.
  'Nuff 
  said.

  Another is Rule 9, the 
  applicable part of which I'll quote below:

  "(b)     A vessel of less 
  than 20 meters in
  length<http://www.navcen.uscg.gov/mwv/navrules/pops/def_3ij_length_bredth.htm>or
  a 
  sailing
  vessel <http://www.navcen.uscg.gov/mwv/navrules/pops/def3c_sail_vsl.htm>shall
  not impede the passage of 
  a vessel which can safely navigate only within a narrow channel or 
  fairway."

  What this means to you is 
  probably different than what it means to the tugboat operator with a tow or 
  the pilot of a ship. In simple terms, you have no right-of-way whatsoever over 
  a ship operating where it cannot safely maneuver to avoid you. That means, 
  given where most of us paddle kayaks, virtually everywhere. It takes a mile to 
  stop a ship and it can take much longer to stop a tug and tow. While this 
  probably doesn't apply to other pleasurecraft, it can under certain 
  circumstances; such as within a marina and especially if the powerboat in 
  question is large (over 20 meters).

  What rights do you have as 
  a paddler? Basically no rights that any other pleasure power boat has. (If you 
  have a sail up then that changes things,
  however.) Because we don't 
  paddle as fast as power boats can move, the Rule most violated by *them* is 
  Rule 13 which covers "overtaking". Part "d" is quoted 
below:

  "d)     Any subsequent 
  alteration of the bearing between the two vessels
  shall not make the 
  overtaking vessel a crossing vessel within the meaning of these Rules or 
  relieve her of the duty of keeping clear of the overtaken vessel until she is 
  finally past and clear."

  This means that, for a 
  power boat operator approaching your kayak from the rear, nothing you do can 
  relieve that operator of the duty to keep away from you until it is well past 
  and "clear". This Rule once had a clause which said that the vessel being 
  overtaken must maintain course and speed but that no longer applies (although 
  many people often "remember" it). I still don't think it's wise to paddle up 
  the middle of the Range, but if you stray into the channel pleasure boats 
  approaching you from the rear must stay clear.

  In closing, I'd like to 
  mention one more often misunderstood "rule": smaller vessels have the 
  right-of-way over larger vessels. This is absolutely NOT true under USCG Rules 
  but it may be true in some states on waters not under USCG authority. I would 
  advise never operating under the assumption that it's true, 
  however.

  Caveat 
  boater,

  Craig 
  Jungers
  Moses Lake, 
  WA

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